Virginia Citizens Defense League, Inc. (VCDL)

Virginia Citizens Defense League, Inc.
PO. Box 513, Newington, VA 22122 • 804-639-0600 • 703-372-3285 • 757-271-3705 • 540-446-5783

04/15/10 - VCDL Update 04/14/2020 - Part 1

Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html ---------------------------------------------------------------------- 1. Reminder: VCDL meeting in Fairfax on April 21 2. Editorial: Not-so-instant background checks 3. Tamara Dietrich: Gun rights versus fear mongering 4. LTE: Gun rights 5. Who needs a gun on the Blue Ridge Parkway? 6. Another VCDL member responds to article in Martinsville Bulletin 7. Newport News: 12 guns = red flag 8. Who needs a gun while driving in Fairfax County? 9. VA-ALERT reader expands on the role of a militia 10. Students protest with empty holsters 11. Federal courts strike again on concealed carry 12. Updated: Effort In Maine to restrict guns from National Park units falls short of goal 13. Students in custody after weapon found on campus 14. 911 law: Dan Sayers open carry arrest video 15. Engaged couple killed in NJ carjacking 16. Nevadans are free to don their arms in the open 17. R.I.P. Danny Lee Holmes 18. Gun quote ************************************************** 1. Reminder: VCDL meeting in Fairfax on April 21 ************************************************** Bruce LaPorte, candidate for Fairfax County Supervisor, emailed me about speaking at the next VCDL meeting at the Mason District Government Center. -- Mr Van Cleave, I am planning upon running for Fairfax County Board of Supervisors in 2011 and would like to attend and address your members at this month's event. I will be running from the Hunter Mill District, Reston/Vienna. My resume includes being an Honorably Discharged Veteran US Navy, owner of a .45 Mauser (Sig Made) M3, former owner of a Llama .45 and a Ruger .357. Also, I shoot a M1 Girand when I visit Virginia Beach. Would like to discuss protecting our rights even in the liberal areas like Fairfax County and my candidacy. Thank you. Bruce A LaPorte Candidate Fairfax County Supervisor ************************************************** 2. Editorial: Not-so-instant background checks ************************************************** Shannon Honaker emailed me this: -- BTW, the RTEB is taking cheap shots at you: I found it funny that they have almost a direct quote from the Richmond Times-Dispatch article, but instead of attributing the quote to you they refer to you as 'one gun advocate'. I guess it wouldn't have flowed well with slamming you in the next paragraph, as the editorial sort of implies you must be at odds with this 'one gun advocate'. 'Long waits have caused dealers lost sales, one gun advocate complains -- as much as half of their business at gun shows, which can close down before the process is complete.' http://tinyurl.com/ybyd7vn www.roanoke.com April 7, 2010 Less government means longer waits, but a solution is in easy reach of gun buyers. Attention, prospective gun buyers: One thing smaller government looks like is a longer wait for background checks. Even before this year, when lawmakers passed an ultra-austere state budget for the next biennium, state and federal cuts pared 11 of 28 workers at the state police Virginia Firearms Transaction Center. Two were paid by the federal government to go to gun shows to do on-site computerized checks. The staff cuts can mean delays measured in hours or even days, rather than minutes, for people seeking to buy firearms from licensed dealers. Long waits have caused dealers lost sales, one gun advocate complains -- as much as half of their business at gun shows, which can close down before the process is complete. We think that qualifies as an onerous burden on dealers and customers alike -- one that should change. Luckily, relief can be as easy for buyers as reaching for their checkbooks and adding $3 to the $2 fee they already fork over to help pay for the process. In 2009, the Virginia Senate passed a bill to increase the fee. Unfortunately, the president of the Virginia Citizens Defense League, Philip Van Cleave, and other pro-gun lobbyists helped kill it in the House of Delegates. Van Cleave still thinks a higher fee is unnecessary, despite the Firearms Transaction Center's thinned-out staff. State police say the added charge would cut wait times and allow them to do more background checks, perhaps even staff gun shows again. The center is handling more requests than ever -- a record 287,462 in 2009 -- and each one takes longer because the number of databases to check has increased. Which is a good thing. The better to keep guns out of the hands of those who should not have them: the mentally ill, felons, domestic abusers -- some of the same people many gun buyers seek to protect themselves from. The very gun buyers Van Cleave worries are made helpless by overnight record-check delays. In those cases, a $5 fee seems a small price for quick transactions. ************************************************** 3. Tamara Dietrich: Gun rights versus fear mongering ************************************************** William Goodman emailed me this: -- Philip: The daily Press is again beating the anti-gun drum. Bill http://tinyurl.com/yfwq5go www.dailypress.com By Tamara Dietrich April 5, 2010 What? You can't wait a day to buy a handgun? A few hours? Can't give understaffed, overworked state workers a chance to find out if the guy trying to purchase a firearm and ammo is a felon, a fugitive or mentally unbalanced? Apparently not. 'It is a safety issue,' pouts Philip Van Cleave, president of the gun group Virginia Citizens Defense League, in the Richmond Times-Dispatch. 'A person experiencing a death threat and who is denied a lawful gun purchase overnight would be left helpless at the hands of an assailant.' Riiight. Hear that noise? That's the one note gun activists sound on any gun issue whatsoever. It always, always means this: AGH! YOU'RE GONNA DIE! And it's usually followed by a desperate appeal for your money so they can fight the Big Bad Thing that's about to break down your front door, burn your flag and carry off your gun cabinet. The newest AGH! that Van Cleave and his ilk find 'unacceptable' are budget cuts that slashed 11 people from the 28-person staff at the Virginia Firearms Transaction Center. So now background checks on gun buyers during peak hours could sometimes take anywhere from four hours to if they require checking records out of state overnight. (Of course, if delays are bad now, imagine how bad they'd be if activists had won a repeal of the one-a-month handgun purchase law last month.) To gun activists, anything short of drive-thru handgun purchases violates the Second Amendment. If they were merely ideologues, that's one thing. But they bypassed ideology long ago in favor of something far more meaningful: Profit. And they can monger fear with the best of them, knowing that keeping you scared keeps you writing checks. Or, as gun advocate and former NRA official Richard Feldman put it in The Washington Post a couple years ago, 'Nothing keeps the fund-raising machine whirring more effectively than convincing the faithful that they're a pro-gun David facing down an invincible anti-gun Goliath.' In fact, it's in their interest to engineer threat-downs. Last year, state lawmakers tried to raise the background check fee from $2 to $5 the first increase in 20 years. That money could have gone a long way to keep background checkers employed. Instead, gun groups helped kill it. And so they came off looking like heroes for saving gun buyers $3 but cleverly helped ensure that backgrounders lost their jobs, delays would increase and they'd have yet another reason to rifle through their donors pockets. Besides, a 'safety issue'? Listen, if you're 'experiencing a death threat,' call the cops. And if a background check will take overnight, well, if you can afford a handgun, you can afford to stay overnight at a Super 8 till it clears. Finally, want a faster turnaround? Try this: Take some of that cash mountain you raise by stoking fear in gullible hearts and use it to hire more backgrounders ************************************************** 4. LTE: Gun rights ************************************************** http://tinyurl.com/ydcu7db www.dailypress.com April 8, 2010 I attempted to purchase a gun at a recent gun show in Hampton. The background check was still pending after several hours, and it came back denied the next day. When I called the State Police to see why it was denied, I was told it was because they did not have my concealed license permit on file. (This allows me to purchase multiple guns without waiting 30 days between purchases.) I was told it may have been because my permit was 'new.' The show was in March, yet I applied for my permit in December. To their credit, they promptly reversed the decision. I wonder what would have happened had this not been discovered, and I had been stopped by a police officer? My letters to the Hampton Circuit Court judge and clerk about government efficacy remain unanswered. Surely they move very swiftly when meting out 'justice' to their denizens; why can't they be just as expeditious when serving those exercising their right to bear arms? Virginia must work harder to achieve a more efficient system of doing background checks and making sure its law-abiding, concealed-weapon-carrying citizens are documented in a timely manner. Thank God there are those such as the Virginia Citizens Defense League who are working hard to protect and preserve my Second Amendment rights. Laurence Braddell Hampton ************************************************** 5. Who needs a gun on the Blue Ridge Parkway? ************************************************** Franz Bailey emailed me this: -- Who needs a gun for self defense on the Parkway? http://tinyurl.com/ydfrvn9 www.nbc29.com April 5, 2010 A manhunt is underway after an attack Monday night left at least three people injured, including a state trooper. It happened around 7:30 p.m. Monday along milepost 10 on the Blue Ridge Parkway, near the Rock Point Overlook in Augusta County. Officers are looking for a white male, approximate age 50 - 60, with long gray/ white thinning hair. Officers believe he was driving a red vehicle, possibly a Ford Taurus. He is believed to be still armed and considered dangerous. Investigators say two people were shot while enjoying the sunset at the Rockpoint Overlook Monday evening. The two victims, an 18-year-old woman from Fluvanna County and a 27-year-old man from Charlottesville were sitting in a green car with their backs to the gunman. Authorities say the suspect shot the duo with a shotgun from his car at about 7:30 p.m. 'At this point right now, we think it's random,' said Augusta County Sheriff Randy Fisher. All three got out of their cars, the man fell off the overlook, 150 feet to the ground. The woman began to fight off the suspect, before she jumped into a good samaritan's car and went to the entrance to the parkway for help. 'She is evidently a feisty young lady,' said Fisher. 'She didn't give up the ghost, she took fight to him.' Park Rangers shut down the parkway between mile post four and 13 on Tuesday. Detectives used the sunlight to comb the crime scene a second time. 'We went back over it inch by inch to make sure we didn't miss anything,' Fisher explained. The female victim is listed in 'stable' condition. The second, male victim is reported in 'serious' condition; both are at UVA Medical Center with shotgun wounds to the upper area of their bodies. The third victim is said to be a state trooper who was not shot, but injured in a rescue attempt. The trooper's injuries are said to be not very serious. The National Park Service issued a statement at approximately 5:15 Tuesday morning - 9 hours after all this began - in which they say they are calling this a 'double shooting.' The Augusta County Sheriff's Office released a statement (listed below) at 12:00 p.m. Tuesday. Karen Beck-Herzog of the National Park Service stated 'I can confirm that an incident occurred on the Blue Ridge Parkway at the Rock Point Overlook in the evening last night. And, that there were two victims, a male and a female, both adult, I don't have any information about their condition. There's currently an investigation ongoing between Augusta County, the National Park Service and the Federal Bureau of Investigation.' Beck-Herzog says the National Park Service has closed the parkway from mileposts 4 to 13 as the investigation and the search for the suspect continues. The investigation is being conducted by the Augusta County Sheriff's Office, National Park Service, the Bureau of Alcohol, Tobacco and Firearms, Virginia State Police and the FBI. NBC affiliate WSLS in Roanoke is reporting that the FBI plans to look for any similarities between this shooting and the Childs-Metzler murders from last fall in Montgomery County. FBI special agent-in-charge Kevin Foust warned not to jump to any conclusions, because it is very early in the investigation, but did confirm the plans. A gunman shot and killed Heidi Childs and David Metzler last summer at the Caldwell Fields campground in Montgomery County. ************************************************** 6. Another VCDL member responds to article in Martinsville Bulletin ************************************************** Clark Welsh emailed me with his response to an article in the Martinsville Bulletin. This article was originally included in VCDL Update 3/31/10 -- http://tinyurl.com/yj5753f www.martinsvillebulletin.com March 31, 2010 Letter: Clark Welsh Self-defense is a right Wednesday, March 31, 2010 From a recent article in the Martinsville Bulletin (March 21): 'An armed law-abiding citizen might be able to stop a gunman from taking innocent lives, (Martinsville Police Chief Mike) Rogers said. For that reason, he said he disagrees with the recommendation that McDonnell veto the ('guns in bars') bill. '(Henry County Sheriff Lane) Perry wasn't swayed by that line of thinking. ''If a person thinks they need protection when they go in a bar, they've got a choice not to go there,' he said.' Sheriff Perry, by that line of reasoning, if I feel I need the ability to effectively defend my life anywhere, say, at the grocery store, the mall, the barber shop, on the street, in my front yard, etc., does that mean I have the 'option' not to go such places, that I should just stay locked in my home like a hermit, and hire people to do my errands for me? Tell me, sheriff, where is there a place on this entire planet where I am absolutely, 100 percent guaranteed to be safe? Violent attacks occur sometimes in stores, in schools, in churches, in hospitals, at work, in parks and in people's very homes; tell me where I can go in this world where I am truly safe. You can't, can you, because there is no such place, a fact that you should be keenly aware of as a law enforcement officer. I have the right to defend my life, if need be, wherever I am, wherever I go. And so do you. Period. Self-defense is a basic human and civil right, even in a restaurant that serves alcohol. I'm sorry, but taken to its logical conclusion, your position just doesn't hold water, and you need to rethink it. Clark Welsh, member of Virginia Citizens Defense League Falls Church ************************************************** 7. Newport News: 12 guns = red flag ************************************************** VCDL EM Dale Welch emailed me this: -- According to Newport News Police if you buy twelve - fifteen guns a year in Virginia, your name will be red-flagged in the system. http://tinyurl.com/ybrxev3 www.newportnewspolitics.com April 6, 2010 [SNIP] Did you know: If you buy twelve - fifteen guns a year in Virginia, your name will be red-flagged in the system? ************************************************** 8. Who needs a gun while driving in Fairfax County? ************************************************** Bill Hine emailed me this: -- http://tinyurl.com/yegvh9v www.wtop.com April 7, 2010 Police: Man slashed driver in road rage incident FAIRFAX COUNTY, Va. - An Alexandria man has been charged with malicious wounding after he allegedly cut another driver with a knife during a road rage incident. Fairfax County Police say the incident began on South Van Dorn Street near the Beltway around 4 p.m. Tuesday after one of the drivers believed the other one cut him off. The two men pulled over to the side of the road on the Beltway ramp and got out of their cars. Police say the driver of a silver Cadillac CTS, 54-year-old Keith Lewis of Alexandria, pulled out a knife and cut the driver of a gold Ford Expedition twice on his arm. The victim was able to leave the scene and drive himself to a hospital. Police arrested Lewis at the scene, but are now looking for witnesses. Anyone who may have seen the incident is asked to call Detective Douglas Middlebrooks at 703-922-0894 ext. 2233, or Crime Solvers at 1-866-411-TIPS/8477. ************************************************** 9. VA-ALERT reader expands on the role of a militia ************************************************** VA-ALERT reader Deric in Williamsburg emailed me this: -- I am tired of people saying that the second amendment only applies to militias. I read the poorly written op-ed in your 4/6/10 VCDL Alert (Item #7), and figured I would put that argument into the dirt. The Militia Act of 1903 defines two categories when it comes to the defense of the country- the organized militia, which consists of groups such as the National Guard, and the disorganized (sic) militia, which consists of every able-bodied male aged 17 to 45. So according to people who say that the second amendment only applies to the militia- it is a violation of the US Constitution that the government requires the age of 18 for rifles and shotguns and the age of 21 to buy handguns from a dealer. In fact, any able bodied male between the ages of 17 to 45 should be fully able to own guns, so even the Youth Handgun Safety Act is unconstitutional. Those who are uninformed enough to assume the second amendment only applies to the militia are overlooking the consequences of their opinions- they are lucky we as gun owners are willing to say it doesn't apply to just the militias. Deric of Williamsburg, VA ************************************************** 10. Students protest with empty holsters ************************************************** http://tinyurl.com/ydkrf65 breezejmu.org By Aaron Koepper April 8, 2010 HARRISONBURG, Va - For the second year in a row, empty holsters could be seen around the waists of those who support the right to legally carry a concealed weapon on JMU's campus. While JMU policy 1105 prohibits the possession of weapons on-campus, JMU's chapter of the national organization Students for Concealed Carry on Campus is looking to repeal this policy. 'It's only for people who can already carry elsewhere,' SCCC president and senior Kevin Garris said. 'You don't become a different person when you set foot on campus. If you can carry elsewhere, you should be able to carry on campus as well.' SCCC's JMU chapter is part of larger national organization, which cites the 2007 Virginia Tech massacre as a reason for existence. 'It's clearly been shown that a college is not secure,' said junior Kory Verdonck, SCCC's service coordinator. 'Courthouses, airports [where weapons are prohibited] have very heavy security, and campus security has holes.' University spokesman Don Egle disagreed with SCCC's opinion that JMU was not a secure campus. 'The university is responsible for ensuring a safe environment for students and staff,' Egle said. 'We have a great law enforcement division and a responsible faculty and staff. Individuals carrying concealed weapons does not make campus safer.' This is the second year SCCC has done an empty holster protest. This year they expect roughly 15 of their 25 members to wear them. They said the goal of the protest is to foster debate about the from issue and educate the student body. 'When you walk into your class with it [holster] it tends to start a conversation,' Garris said. 'We had some professors who were outspoken, and corrected some misconceptions.' SCCC will also be holding an open forum-style debate in ISAT 159 on Thursday at 6 p.m. for any students who are interested in the issue. The subject can be controversial among students, some of whom said that concealed carry would make campus less safe. 'I went to one of their lectures last year and they made a few good points,' said senior political science major Brian Ward. 'But JMU has the reputation of being a party school, and alcohol and firearms don't mix.' Other students echoed Ward's opinion, that the 'drinking culture' at JMU and college campuses nationwide made gun owners less responsible for their actions, and more dangerous when intoxicated. 'It might make others feel more secure, but it'll definitely make others feel less secure,' said freshman studio art major Ana Morales. 'Even with a background check, you can never be positive someone won't do something crazy.' Sophomore communication studies major Lamar Walker disagreed saying he thought JMU faculty and students would be responsible with guns on campus. 'It doesn't seem like it's [guns are] a big threat here,' Walker said. 'The people would be licensed to carry a gun would be more aware of what it means to have them.' If JMU's policy were to change, the legal age to apply for a concealed carry permit is 21, which would limit carriers. The SCCC has 44,000 members nationwide. ************************************************** 11. Federal courts strike again on concealed carry ************************************************** Bob Johnson emailed me this: -- Have you read this one?. About a guy in Maine in January getting hassled for his CCP. http://tinyurl.com/ylj9lns www.weeklystandard.com By C.J. Ciaramella January 4, 2010 The First Circuit Court of Appeals in New England just handed down another horrible Second Amendment ruling, very similar to the ruling that recently came out of Georgia. In the case in question, the court ruled that a police officer acted appropriately when he not only detained a man for lawfully carrying a concealed firearm but confiscated his gun. From the Atlanta Gun Rights Examiner: According to the case opinion, the lawyer, Greg Schubert, had a pistol concealed under his suit coat, and Mr. Schubert was walking in what the court described as a 'high crime area.' At some point a police officer, J.B. Stern, who lived up to his last name, caught a glimpse of the attorney's pistol, and he leaped out of his patrol car 'in a dynamic and explosive manner' with his gun drawn, pointing it at the attorney's face. Officer Stern 'executed a pat-frisk,' and Mr. Schubert produced his license to carry a concealed weapon. He was disarmed and ordered to stand in front of the patrol car in the hot sun. At some point, the officer locked him in the back seat of the police car and delivered a lecture. Officer Stern 'partially Mirandized Schubert, mentioned the possibility of a criminal charge, and told Schubert that he (Stern) was the only person allowed to carry a weapon on his beat.' The officer eventually released Schubert but confiscated both his concealed carry license and his firearm. The court, of course, ruled that all of Stern's actions were appropriate to 'ensure his own safety' and because he could not confirm the 'facial validity' of the license. A similar case is underway in Virginia, where a man is suing the city of Roanoke and two police officers after he was detained for refusing to answer questions regarding his concealed carry license. Officers pulled over Aaron A. Stevenson for an expired registration. When they learned about his license, they asked if he was carrying a firearm. Stevenson declined to answer, invoking his right to remain silent (which is admittedly not the best way to endear oneself to a police officer). I'll let the Roanoke Times take it from here: The officers pulled Stevenson from his vehicle, the lawsuit said, took the .45-caliber handgun he wore in a belt holster, and put him in handcuffs in the back of a police car. Stevenson said he was threatened with loss of his permit, confiscation of his gun and indefinite detention while police investigated whether he was involved in anything criminal. Officers never read Stevenson his Miranda rights, the lawsuit said, and Ayers told Stevenson the questioning would stop if he would admit to some criminal action. As the incident continued, some of Stevenson's co-workers drove past and his employer stopped to see what was happening. The officers asked the employer if Stevenson had mental problems. Because you have to be a little bit crazy to try and invoke your constitutional rights these days. ************************************************** 12. Updated: Effort In Maine to restrict guns from National Park units falls short of goal ************************************************** http://tinyurl.com/y9obn2h www.nationalparktraveler.com By Kurt Repanshek April 7, 2010 A concerted effort in Maine to draw the line on national park visitors arming themselves has fallen short of the original goal. But the measure Governor John Baldacci signed this week will at least outlaw open carry in Acadia National Park. Among the groups seeking a complete ban on visitors carrying weapons in all national park units in Maine was the Friends of Acadia, a non-profit park advocacy group that never saw the wisdom in the weapons legislation that U.S. Sen. Tom Coburn, R-Oklahoma, deftly wielded through Congress by attaching the rule change to a popular credit card bill. While the initial intent behind the senator's amendment was to allow the carrying of concealed weapons in national parks -- if the surrounding state's laws provided for concealed carry by permitted gun owners -- the measure wound up allowing open carry as well. For years the Park Service had allowed legally licensed weapons owners to bring their firearms through parks, as long as they were broken down and out of reach. Many Second Amendment supporters railed against that provision, and the National Rifle Association helped Sen. Coburn rewrite the rules. At Friends of Acadia, officials never saw a need for a rules change. 'The previous rules were working perfectly fine here in Acadia, and I think that for, especially for the rangers, the new firearms laws present a challenge,' Stephanie Clement, conservation director for the friends group, told the Traveler back in February. The old rule, she went on, made it easier for rangers to spot possible poachers; anyone carrying a firearm could be stopped. Under the rule change, it would no longer be that simple, she said. 'Really, it was a very effective anti-poaching tool. It was an opportunity for a point of contact, so that point of contact will be gone,' said Ms. Clement. The effort to stop the rule change from impacting the units of the National Park System in Maine resulted in legislation that, as initially drafted, would have banned visitors from carrying firearms in Acadia, along the Appalachian Trail, and at St. Croix Island International Historic Site. However, by the time the measure reached Gov. Baldacci's desk, it had been rewritten to apply only to Acadia, and in that park concealed carry, but not open carry, would be allowed if a firearm owner was properly licensed. Still, Ms. Clement said Wednesday that the final version was better than opening the park to open carry of firearms. 'While it's not ideal that concealed weapons will be allowed in the park under the new legislation, we're pleased with the outcome for several reasons: One, the bill maintains the park rangers' ability to deter opportunistic poaching because they can contact visitors who are openly carrying firearms. The bill also still allows hunters to travel through the park as long as their firearms are unloaded, broken down and stored or not easily accessible,' said Ms. Clement. 'Two, The bill is intended to protect public safety by preventing people who have not had firearms safety training from legally carrying weapons in the park. Those with concealed weapons permits in Maine have to demonstrate that they have received firearms safety training within five years, but other gun owners have not been required to go through such training,' she continued. 'Three, for those visitors to Acadia who may be concerned about their safety in the proximity of loaded firearms in the park, this bill regulates the possession of firearms in a way that should help reassure them. 'Ultimately, passage of this legislation is important because Acadia National Park is a safe, family-oriented destination without need for loaded firearms. The Maine Legislature confirmed this, using the provisions of the federal legislation to specify what firearms regulations they believed should apply to Acadia National Park.' At the National Parks Conservation Association, officials saw the finalized legislation as a step in the right direction and better than no change to the federal rule change. 'We applaud Maine state Senators Dennis Damon and Stan Gerzovsky for seeking stronger legislation that would have prohibited firearms in Acadia National Park,' said Alexander Brash, NPCA's Northeast regional director. 'Though Maine's proposed legislation falls short of providing the same level of safeguards that were in effect for wildlife and visitors at all national parks before February of this year when Congress made effective a new law that NPCA adamantly opposed, Maine's legislation is an important step back in the right direction. 'NPCA hopes that regulations similar to those created in the Reagan era, which simply required gun owners to keep their firearms unloaded and stored, will be re-enacted by Congress once again for the entire National Park System in the near future.' Continued ...