Alphecca

Weekly Check on the Bias

Welcome to the October 11th edition of my Weekly Report on the media's coverage of firearms and the Second Amendment.

One would have thought that government officials would have learned a lesson after a court order (prompted by a suit filed by the NRA and the SAF) stopped the illegal seizure of firearms from law-abiding citizens by the police in New Orleans following the Hurricane Katrina dissaster. Nope! Many of the evacuated NOLA residents have been granted temporary housing in a grouping of 600 trailers provided by FEMA and known as "FEMA City". Just one problem: Once again a government entity (FEMA) has decided that the Constitution ends where the city limits begin. From CNS News:

According to a report that aired on the Lehrer News Hour on Thursday, displaced New Orleans residents are being allowed to move into a trailer and RV compound called "FEMA City," but the conditions for residency include a ban on firearms.

"This is not acceptable." said Second Amendment Foundation founder Alan Gottlieb. He noted that the Second Amendment Foundation and the National Rifle Association recently filed a lawsuit in New Orleans, winning a temporary restraining order against the confiscation of firearms by police in both New Orleans and in nearby St. Tammany Parish.

"It doesn't matter whether this refuge community is behind a gate, or whether it is patrolled by police and security guards," Gottlieb said. "This restriction appears to be illegal under Louisiana law and the state constitution, as well as under a federal court ruling some years ago that protected firearms owned by residents in a federal public housing facility in another state.

Gottlieb said his group is making inquiries about the firearms restriction -- and who ordered it. "When we find out, we are going to pursue legal action," he said.
"Being the victim of a natural disaster does not require a citizen to surrender his or her civil rights, and that includes firearms rights and property rights," Gottlieb said. "The anti -gun attitude that seems to be growing out of Louisiana's disaster had better change, or we're going to change it in court."

This IS outrageous. These folks, who already have almost nothing left in their lives, will now be living in these trailers for 18 months without the simple means to defend themselves and their families. Where is the outrage from Main Stream Media? If these folks had been told they couldn't vote in the 2006 elections, or that their newspapers would be censored, the New York Times et al would be blasting federal officials as having buried the Bill of Rights for those on public assistance.

Of course, this is the same FEMA that decided that properly deputized police officers couldn't accompany and provide protection for the Phoenix rescue team in the days following Katrina and sent them home. FEMA defended that ugly incident, saying:

FEMA spokesman Butch Kinerney said the Phoenix team was the only one of 28 that was sent home.

The team was pulled "after a series of judgment errors by team leaders which violated FEMA rules and which put that team, other teams, and the victims they were rescuing at unnecessary risk," Kinerney said in a written statement.

Meaning that they had an armed escort in a disaster area where looting and gunshots were rampant. Kinerney says the "rules" say no guns. Apparently their "rules" trump the Constitution.

Police in Charlotte, North Carolina would also like to limit the Constitution. From WSOC TV:

Charlotte-Mecklenburg Police have asked the Charlotte City Council for help in stopping people from walking around Uptown Charlotte carrying guns out in the open.

Several people attended Monday's City Council meeting to protest the planned changes, carrying signs that read, "Guns save lives."

Police Chief Darrell Stephens says there have been four cases in the past month where people have been seen with guns out in the open. Now, it is legal to carry guns in the open on public streets. It is not legal to carry guns into buildings that ban weapons.

Unfortunately, the town council could enact an ordinance prohibiting open-carry because unlike some recently enacted state laws in Virginia and Colorado, municipalities are free to impose gun control laws that exceed North Carolina state law. Not only that, they don't have to post signs to that effect. From the NC Rifle & Pistol Association FAQ:

Q: I don't want to get a Concealed Handgun Permit; I just want to carry a gun openly in a holster. Is this legal?

A: In North Carolina there is no State law specifically prohibiting the open carry of firearms. Under the theory that if it isn't specifically prohibited it's not illegal, open carry is possible. There are some glaring exceptions to this. They are:

1. Private property owners and businesses can post "no guns."
2. Firearms are strictly prohibited on state-owned property, except rest areas and state lands where hunting is permitted.
3. Local governments can (and do) enact prohibitions against "display of firearms" in cities and/or specific areas within cities or counties, which means they can't be visible. Under this statute there is absolutely no requirement for the city or county to post notice of the display ban.
4. Local governments can (and do) enact firearms bans on local government property and in parks and recreational areas.
5. Any federally-owned property or federally-regulated property like banks and Post Offices is of course a prohibited area.
6. Much of the Outer Banks is "National Seashore," and firearms are prohibited in those areas.

So in theory that leaves everywhere else in the state - except for one more thing. There is a common-law offense in NC called "going armed to the terror of the people." Basically what this means is that if someone sees you carrying a firearm and calls the police to report "person with a gun," you can be charged with this offense. It's not often used in rural areas, but has been used in populated areas. If you are an out-of-state visitor who is not here lawfully hunting or engaged in some overt firearms-related event such as a competition, it will be hard to talk your way out of it.

So is open carry legal in NC? In theory, yes. In practice, maybe. It seems to us like a very good way to get arrested.

So even if the ordinance isn't enacted, if someone complains that you are open carrying, you could be arrested. How scary is that? The good news is that NC is a "shall issue" state for concealed-carry and I recommend that all who can should take advantage of that fact.

Fortunately, the Constitution works where allowed. It certainly helped prevent what could have been a potential robbery in East Brewton, Alabama. From the Brewton Standard:

According to East Brewton Police Chief B.C. Cooper, the department received a call on Tuesday morning from S & J Grocery, located on Shoffner Street, reporting a suspicious vehicle. An employee was carrying the trash out and noticed the car tag was covered up and the female driver was trying to keep her face covered with a camouflage cap. The employee returned to the store and reported to the owner, Richard Maxwell, what she had seen.

”We have been robbed several times in the last few years,“ he said. ”There were women and children in here this time and I knew that I couldn't let these people come into the store, if that was what they were planning. I had my gun in my pocket and walked out to the car. I saw a gun lying on the front seat and noticed that it was quickly covered up. I let them know that I had a gun and told them they could not come in. The woman was driving and she quickly sped away.“

Chief Cooper began a search for the vehicle and late that afternoon it was spotted. The tag was expired and when the vehicle was stopped, the officer asked to see a license and he noticed a gun lying on the floorboard behind the passenger seat. He also saw some empty containers. While the car was detained, a search was made for previous charges and it was discovered the man had a record in Texas. A search was then made of the vehicle and drugs and drug paraphernalia, in addition to the gun, were found.

See, that's the thing that the Brady Bunch types don't get: The last thing that thugs want is to attack someone who can fight back! They want easy pickin's because that's their whole "M.O." in life -- avoiding anything resembling work, instead preying on others. Like most beasts of prey, they want an easy kill and won't go after someone their own size, or in this case, someone who's armed.

Sometimes you don't own or can't get to a gun but the right to defend yourself doesn't end. Here's the story of a couple that fought back anyway that they could, from the Rocky Mountain News:

BOULDER COUNTY - The husband and wife who killed an intruder at their home in Sunshine Canyon likely would have been killed themselves if they hadn't fought back, so no charges will be lodged, the district attorney's office said Monday.

"The ferocity of the attack left no doubt that if they had not defended themselves effectively they would likely have been killed," First Assistant District Attorney Pete Maguire said in a statement.

"The amount of force used was not excessive," the statement said.

"I believe the homicide to have been justified, and will not be filing criminal charges arising from this incident," Maguire said.

The intruder, who still hasn't been identified, didn't stop his attack until he was near death. He was hit repeatedly with a baseball bat and stabbed with his own knife.

Read the whole thing because this mutant intruder wouldn't give up. It is quite possible that if it were one-on-one rather than two-to-one, the homeowner would have lost their life. That is where the possession of a firearm by one of the victims would have saved life and prevented the long struggle that ensued during this incident.

In another incident from Texas:

A northwest Harris County man foiled an attempted robbery early this morning when he shot and killed one of two men who confronted him as he was walking to his car, sheriff's deputies said.

The shooting occurred shortly after 5:30 a.m., while it was still dark, outside the man's residence at the Jones Crossing Apartments in the 9000 block of Jones Road at Steeple Drive.

No charges have been filed against the shooter.

"It appears to be self-defense," said Harris County Sheriff's Department Lt. John Denholm, who was at the scene.

The shooter told police he left his home and was walking toward his car to go to work when the two suspects confronted him. There was a struggle before the man took out a concealed hand gun.

It appears that the defender himself might be in some trouble because police found "narcotics" in his apartment and there is a question of whether he had a valid CCW permit but the incident itself illustrates how quickly an armed citizen can protect him/herself from the mutants out there...

KVBC TV in Las Vegas had a simple two-question poll to find out how willing gun owners were to defend themselves. In the survey, the first question asked 500 people if they owned a firearm. 38% said "yes". The rest said "no" except for a mysterious 2% who "weren't sure".

Of those who owned guns, the second question asked how willing they were to use their gun in self-defense if someone tried to rob them. 81% said "very" or "somewhat". 19% said "not very" or "not at all". I wish the survey had asked a third question of that 19% such as, "well then, if you were robbed, what would you do?"

Here's a weird one from the Poughkeepsie Journal:

Wednesday, Rodriguez expressed concern over the four AR15 riffles the New Paltz Police Department proposes to buy and how the guns could affect the lives of minorities living in the area.

"I am against it," the retired college professor said at last week's village board meeting. "It's really a deadly issue."

Approval for the purchase of the guns rests with the town board. The town board agreed to allow the village board to discuss the issue and make a non-binding recommendation.

"I haven't been persuaded that they are necessary," Mayor Jason West said. "I think we have to better understand their importance to the police."

He said minorities in the area should attend the next village board meeting.

"I think that race is still a powerful factor in America," he said. "I think it is important to get feedback from people of color."

The AR15 riffles are considered semi-automatic because an officer must squeeze the trigger to fire each bullet. The four riffles will cost the town $5,000.

I guess my question has to be, what does the type of firearm a cop carries have to do with "race"? I think it's safe to say that the New Paltz Police Department is facing the same issues that many other suburbs around America are facing, increased gang activity and well-armed criminals. If they feel they need the AR15s and the town has the money for it, the guns should be approved. What possible reason could there be for "feedback from people of color"? Because Rodriguez once had a cop pull a firearm on him? By his logic, the police shouldn't be armed at all! Very strange... Virtually everything these days seems to be a racial issue, be it where a hurricane hits or what type of firearms cops carry.

How about a "fun" story to finish up? From the Billings Gazette:

CODY [Wyoming] - Folks in Southern California are wild about cars, and Seattle is obsessed with coffee. In Baltimore it's crab, and Nashville loves country music. But in Cody, nothing beats a great old gun.

Besides the Cody Firearms Museum and the 300-acre Cody Shooting Complex, the town has close to a dozen retail outlets offering guns, and a number of artists, gunsmiths and craftspeople who specialize in working on old guns or making new ones in the old traditions.

But while many towns across the West are fond of guns, thanks in part to the popularity of hunting and the outdoor life, it's the older, historic firearms that seem to be the most popular in Cody.

"I would love to have a lot more of the older guns," said Tony Bork, who opened a gun store on the West Strip in July, despite no shortage of other gun sellers in town. "That's the one thing that does sell here is older guns."

Buyers and sellers alike talk of an emotional attachment to an antique shotgun or historic rifle.

"In the late 1800s, individual gunmakers were coming up with original designs to beat the competition," said Tom Obuhanych, one of about 85 enthusiasts at a gun auction at Cody Auditorium on Saturday. "Many were handmade and of the highest quality."

Cody sounds like a non-stop gun show. Just one more place to visit when planning your vacation itinerary.

Naturally, I'll be on Cam & Company this afternoon and until then, thanks for stopping by!

Posted by Jeff Soyer at October 11, 2005 10:03 AM