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

08/04/09 - VCDL Update 8/4/09 - Part 1

Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html ---------------------------------------------------------------------- VCDL Update 8/4/09 - Defending your right to defend yourself 1. Loudon County Votes to Obey State Law, but plays games with self- defense wording 2. Salem Fair gun ban fixed 3. In gubernatorial race, it's about who's more pro-gun 4. In Virginia, a dance around gun reform 5. McDonnell shift on one-gun-a-month 6. More on guns and gubs 7. Rural Virginia Democrat Creigh Deeds is just as crafty as any city slicker 8. Member report on first VA Gov debate 9. Responses to AAF Tank Museum policy 10. Online CCW training debate 11. Thune amendment: Great idea, wrong vehicle 12. A trigger lock for the gun lobby 13. Arm the Senate? 14. LTE rebuttal to 'Arm the Senate!' 15. Washington drops hammer on state gun plan 16. Sotomayer overlooks all 14 SCOTUS self-defense cases 17. RT OpEd: Guns and self-reliance 18. RTD: Patron with gun won--that time 19. Mother of slain man wants new waiting period law 20. Virginia sets new gun-law record 21. US: Four arrested in attack on elderly man 22. UK: Man arrested after confronting gang at home 23. Replica rifle has Brooklyn man at odds with cops 24. Don't trust your life to cheap ammo 25. God, guns, guts, and CNN's idiot reporters 26. Life and Death Clock 27. Glenn Beck carries a gun to the movies? 28. Wanted: VA-ALERT Editors ************************************************** 1. Loudon County Votes to Obey State Law, but plays games with self- defense wording ************************************************** http://tinyurl.com/lhke3q loudountimes.com County approves guns in parks By Holly Hobbs Adjusting to meet state rules on firearms, Loudoun's supervisors voted 7-2 to allow guns in county parks. County regulations had limited the carrying of firearms in local parks, while state rules allow them. Firing a gun in local parks is still prohibited. "We're doing a technical change to two county ordinances to bring us in line with state code," said John Sandy, a county administrator. The county began looking at changes to its gun laws this spring. At that time, state lawmakers approved new laws that make it easier to file a lawsuit against a locality for violating state firearm rules. "I'd like to understand just what kind of protection we're offering our citizens," Chairman Scott York (I-at large) said during an April discussion. "I pick this up, and I think, 'Well that's great, fine and dandy, but what happens when somebody pulls out a gun at Franklin Park because we have just done this? What protection have we left residents?'" York and Supervisor Eugene Delgaudio (R-Sterling) opposed the changes to the county gun rules. Delgaudio had proposed an amendment that would allow firing a gun in public parks if it was done in self defense. Delgaudio's amendment drew mixed reviews from his fellow board members. "Even if those words are meaningless," said Supervisor Lori Waters (R- Broad Run) of the amendment, "at least they are there." Delgaudio's amendment was voted down, with only Delgaudio, York and Waters for it. Contact the reporter at hhobbs*timespapers.com ************************************************** 2. Salem Fair gun ban fixed ************************************************** Police at the Salem Fair incorrectly forced a member to put his gun back in his vehicle a few weeks ago. I talked to Captain Jeff Dudley with the Salem Police and everything has now been fixed. He admitted that his officer "erred" in what he did and Dudley has sent an email to all his officers making sure they understand about firearms preemption (15.2-915) on City property. ************************************************** 3. In gubernatorial race, it's about who's more pro-gun ************************************************** http://tinyurl.com/l257t5 washingtonpost.com In Gubernatorial Race, It's About Who's More Pro-Gun Background Check Loophole Puts Fine Point on Policies By Fredrick Kunkle Washington Post Staff Writer Monday, July 27, 2009 Walking the jam-packed aisles of Virginia's biggest gun show, Richard Begay carried a .30-06 Sauer hunting rifle and a hand-lettered cardboard sign on his back asking $1,199. Unlike the federally licensed firearms dealers at tables nearby, Begay, 72, an occasional seller, can peddle the slick-looking rifle legally without a background check to any interested adult he meets at the show in Chantilly. To him, it's his right. To others, it's a potential disaster. "I ask for their name and ID," said Begay, a bus monitor for the Fairfax County public schools who visited the Nation's Gun Show at the Dulles Expo Center this past weekend. "I hold on to it in case something does happen so I can tell the police." The question of how much to regulate the sale and possession of guns has always been a dividing line in Virginia political contests. This year's gubernatorial candidates -- former attorney general Robert F. McDonnell (R) and state Sen. R. Creigh Deeds (D) -- both have extensive pro-gun records. But the campaign is unfolding at a turbulent and uncertain time in the nation's debate over guns. One unresolved issue in Virginia, where 36 percent of households have a firearm, is whether to close the so-called gun show loophole, which permits freelance sellers like Begay. The issue gained momentum after the April 2007 Virginia Tech shooting, which left 33 dead, including the student gunman. "Virginia is ground zero for this debate," said Alexander Howe, a spokesman for Americans United for Safe Streets. Legislation to require background checks for every transaction at a gun show is pending in Congress as both sides strive for the advantage. President Obama's election triggered a surge in sales among gun buyers, who feared that he and a Democratic-led Congress would push for new regulations. Instead, gun owners have cheered moves by Congress to allow people to carry concealed weapons in national parks and to link voting rights for the District to looser gun regulations. In Congress last week, gun control advocates narrowly defeated a bid to force states to honor concealed handgun permits issued by other states. Two of the Democrats who supported the proposal were Sens. Mark R. Warner and James Webb of Virginia. Advocates on both sides of the gun rights debate are closely following the Virginia race and the candidates' stands on gun shows for signs of a shifting trend. Gun control advocates say private sellers should perform the same background check on prospective buyers that is required of federally licensed firearms dealers. Since February 1994, when the Brady Act began requiring licensed dealers to run such checks, more than 1.2 million purchases have been stopped because the buyer was ineligible -- a point of pride among gun control advocates. But gun owners counter that requiring background checks for all gun show sales is the first step toward mandatory checks anytime a gun changes hands -- whether a father wanted to pass on a .22-caliber rifle to his son or a member of a shooting club wanted to trade shotguns with a fellow member. They also say there is scant evidence that criminals get their guns from gun shows, citing Justice Department statistics that indicate only 0.7 percent of guns used in crimes were purchased at gun shows. Until recently, Deeds, as a lawmaker from rural Bath County, had been a more staunch advocate of gun rights than McDonnell, whose career began in Virginia Beach. One of Deeds's signature pieces of legislation was a state constitutional amendment guaranteeing Virginians the right to hunt and fish. Deeds also secured the National Rifle Association's backing in the 2005 attorney general's race against McDonnell, who won by 360 votes. Former Virginia governor L. Douglas Wilder, a Democrat, pointedly declined to endorse Deeds in that campaign because Deeds, as a delegate, had refused to support legislation limiting handgun purchases to no more than one per month -- a measure McDonnell backed. But both candidates have gravitated closer to positions generally embraced by their party's base. McDonnell, for example, now says he supports a repeal of the one-a- month law because computerized background checks and other advances make it unnecessary. In an interview last week, McDonnell also said he opposes further regulating gun shows because statistics show only a tiny number of guns used in crimes were obtained at gun shows. "I'd say it's a little bit of a misnomer to call it a loophole," McDonnell said. "It's really an attempt to regulate private sales." But McDonnell touted his work with Gov. Timothy M. Kaine (D) in closing a loophole that allowed the Virginia Tech shooter to evade a ban on transferring firearms to someone with serious mental illness. "I'm very sympathetic to the victims at Virginia Tech," McDonnell said. "The problem that occurred at Virginia Tech had nothing to do with the gun show loophole." Deeds, who owns several firearms and has hunted since he was a child, said he understands the importance of the Second Amendment and has no interest in working for broader gun controls except for the gun show loophole. "For me, everything changed on April 16, 2007," Deeds said in an interview Sunday. "As a father, I felt just a need deep down in my soul to respond to their grief somehow." [PVC: As always, gun control has no basis in logic or reason and has no effect on crime. Another classic example of gun control being pushed solely for *emotional* reasons. I have no interest in being ruled by emotion.] During the 2008 and 2009 General Assembly sessions, Deeds voted to close the loophole, including a compromise that would have exempted antique firearms. That soured his chances with Steve and Annette Elliott, owners of C&E Gun Shows, which promoted the three-day gun show at the Dulles Expo Center. The Elliotts said that requiring background checks for private sales at gun shows would wreck their business and lead to further regulation. "First they register them, then they make more laws and then they take them away," said Annette Elliott, who got her start in the business when she was 7 years old by collecting tickets at the door of gun shows her father sponsored in the Roanoke area. She said that using the Virginia Tech tragedy as an argument for further restrictions makes no sense because the shooter did not obtain his weapons at a gun show. "I absolutely sympathize with all those families," Annette Elliott said. "But I think they're trying to blame the gun for what this crazy person did." Lori Haas, 51, disagrees. Her daughter survived the massacre, and she praised Deeds for his change of heart. Haas said none of the Virginia Tech families wants to drive gun shows out of business or require a father to obtain a background check on his son before handing down a weapon, but they believe requiring background checks is common sense. "The focus of the families of Virginia Tech, given the magnitude of the tragedy, is the desire to make sure that that pain and suffering and grief is not foisted on anyone else," Haas said. "We suspect that the average seller at a gun show would be more than happy to ask the potential buyer to take the two minutes necessary to do a background check, knowing that that could save the life of their son or daughter, their father or their mother, their grocer or their convenience store clerk, their sheriff or their police officer or their fellow citizen." ************************************************** 4. In Virginia, a dance around gun reform ************************************************** http://tinyurl.com/naz7pz washingtonindependent.com In Virginia, a Dance Around Gun Reform By MIKE LILLIS 7/27/09 2:14 PM As the battle over gun reform has raged on Capitol Hill this year, it's become ever-more clear that this is more a regional issue than a partisan one. Indeed, 20 Democrats voted last week in support of a proposal forcing states to honor conceal-carry permits issued by other states. And a House bill granting Washington, D.C., a voting representative in Congress remains stalled because an amendment scrapping most of D.C.'s strict gun control laws is attached -- an amendment that chamber leaders know will pass because plenty of moderate Democrats support it. All of which makes the gun-control debate in Virginia's gubernatorial race that much more interesting. In an eye-opening piece today, The Washington Post describes the strange dance around the issue taking place in the Old Dominion, where the leading candidates -- former attorney general Robert F. McDonnell (R) and state Sen. R. Creigh Deeds (D) -- have begun to buck their regional sensitivities in favor of the party line. Until recently, Deeds, as a lawmaker from rural Bath County, had been a more staunch advocate of gun rights than McDonnell, whose career began in Virginia Beach. One of Deeds's signature pieces of legislation was a state constitutional amendment guaranteeing Virginians the right to hunt and fish. Deeds also secured the National Rifle Association's backing in the 2005 attorney general's race against McDonnell, who won by 360 votes. Former Virginia governor L. Douglas Wilder, a Democrat, pointedly declined to endorse Deeds in that campaign because Deeds, as a delegate, had refused to support legislation limiting handgun purchases to no more than one per month -- a measure McDonnell backed. Yet on the issue of the gun-show loophole -- which allows unlicensed gun vendors to sell firearms without performing background checks on the buyers -- it's Deeds who wants to close it and McDonnell who would keep it open. Deeds told The Post that his change of heart came the day of the Virginia Tech shooting, in which a student killed 32 people with handguns before taking his own life. "As a father, I felt just a need deep down in my soul to respond to their grief somehow," Deeds told the Post. McDonnell, meanwhile, is also warming to his party's traditional Second Amendment approach. McDonnell ... now says he supports a repeal of the one-a-month law because computerized background checks and other advances make it unnecessary. In an interview last week, McDonnell also said he opposes further regulating gun shows because statistics show only a tiny number of guns used in crimes were obtained at gun shows. "I'd say it's a little bit of a misnomer to call it a loophole," McDonnell said. "It's really an attempt to regulate private sales." [PVC: McDonnell gets it, Deeds doesn't.] McDonnell was also quick to point out that the Virginia Tech shooter didn't buy his weapons at a gun show. Of course, he easily could have. And if McDonnell gets his way, that will remain the case. ************************************************** 5. McDonnell shift on one-gun-a-month ************************************************** http://tinyurl.com/n2vxwd washingtonpost.com McDonnell Shift on One-Gun-a-Month Maybe Creigh Deeds' campaign should send a copy of this story by my colleague Freddy Kunkle, filed this weekend from Virginia's biggest gun show, to former Gov. L. Douglas Wilder. Why? Because in the story, Republican Bob McDonnell says his position on Virginia's law limiting handgun purchases to one a month has changed. He voted for it in the legislature; now he says it should be repealed. That law was a signature achievement of Wilder's. That Deeds opposed it--and McDonnell supported it--was one reason Wilder withheld his endorsement from Deeds during the 2005 race for attorney general between the two. It's also one reason why Deeds picked up the surprising support of the NRA in that campaign. But the NRA's nod is probably out of reach for the Democrat this year, given that he's shifted on guns too. In response to the Virginia Tech shootings, long-time gun rights advocate Deeds now supports closing the so-called gun show loophole. Which McDonnell opposes. Is McDonnell moving on the issue to make amends with the NRA? In Kunkle's story, McDonnell says he supports repealing the computerized background checks have made it unnecessary. McDonnell has been aggressively courting Wilder, whose is unpredictable enough to be worth the Republican's time. And, in an interview last week, Wilder said he'd like to hear from Deeds about a variety of issues before making up his mind. Still, he also indicated that one-gun-a-month remains an important issue to him. [PVC: Wilder really needs to get over that hang up. One-gun-a-month has been a waste of time.] McDonnell's move may kill his already unlikely chances of getting Wilder's nod. It's not clear how it will play with voters. ************************************************** 6. More on guns and gubs ************************************************** http://tinyurl.com/n7u953 washingtonpost.com More on Guns and Gubs Just when you thought you knew everything about guns and gubernatorial candidates Robert F. McDonnell (R) and state Sen. Creigh Deeds (D), we offer, courtesy of both campaigns, a few more bullet points. As part of Monday's story on guns and the gubernatorial campaign, we asked the candidates where they stood on several gun related issues besides the so-called gun show loophole. Campaign answers are after the jump. 1. GUNS IN BARS: Should people who have permits to carry concealed handguns be allowed to carry firearms in a restaurant that serves alcohol? Creigh Deeds: Yes, provided the gun owners do not consume alcohol while carrying their weapons Bob McDonnell: Yes, provided the gun owners do not consume alcohol while carrying their weapons 2. GUNS ON CAMPUS: Should there be laws guaranteeing the right of eligible gun owners to carry their weapons on the grounds of universities and colleges, potentially overruling local decisions by the institutions' governing bodies? Creigh Deeds: No Bob McDonnell: "The law should be reviewed to find ways to strengthen the security of students and faculty." [PVC: Better than Deeds' flat out "no" answer, but also is not a firm commitment either.] 3. ONE GUN-A-MONTH: Should Virginia repeal the 1993 law limiting people to buying no more than one handgun a month? Creigh Deeds: Yes Bob McDonnell: Yes. "Since the passage of of the one-gun-amonth law in the early 1990s, several key things have changed. First, the instant background check process has been greatly improved. The scope of the search is broader, and includes more criminal offenses from other states as well as other disqualifications such as mental health prohibition. In addition, the process has been speeded up considerably. Second, laws prohibiting straw purchases have been improved as well. Thus, the primary concerns that existed over 15 years ago have been diminished today due to positive legislative changes, many of which Bob McDonnell has played an important role in crafting and moving forward." 4. CARRYING GUNS ACROSS STATE LINES/Thune Amendment: Should Virginia honor the concealed carry permits issued by other states? Creigh Deeds: Yes, for states whose requirements for concealed carry permits are similiar to Virginia's Bob McDonnell: Yes 5. GUN SHOW LOOPHOLE: Should all private firearms transactions at gun shows to be subject to a background check? Creigh Deeds: Yes Bob McDonnell: No -Freddy Kunkle ************************************************** 7. Rural Virginia Democrat Creigh Deeds is just as crafty as any city slicker ************************************************** http://tinyurl.com/ml9ywx nationalreview.com Excerpt: For Democrats who want their party to escape the "urban elitist" label, Virginia gubernatorial candidate Robert Creigh Deeds is ideal. ... More fundamentally, Deeds's perception of what's best for his district shifted dramatically leftward when he started preparing to run for governor. He knew that to win the Democratic primary, he would have to appeal to voters in the significantly more liberal northern suburbs. Now he says supporting the gay-marriage vote was "a mistake," he opposes all limits on abortion, and he ***supports closing the "gun show loophole" on firearms sales, citing the Virginia Tech shootings -- even though the shooter in that tragedy did not purchase his weapons at a gun show, so even if the proposed restriction had been in effect, it would not have prevented the massacre***. It is unlikely that the Creigh Deeds of 2005 would recognize the Creigh Deeds of 2009, much less vote for him. The record suggests that few forces on earth are quite as relentless as Creigh Deeds's ambition. ************************************************** 8. Member report on first VA Gov debate ************************************************** VA-ALERT reader Doug Olivo reports on first governor's race debate: I was by chance at the Homestead in Hot Springs, VA this weekend for a relaxing vacation when I found out our candidates for governor were having their first of 10 debates. I attended and here is what I would report: -- First off, despite Creigh Deeds growing up and having an office in that Bates county the applause for Bob McDonnell was much greater, which surprised a lot of folks. -- Second, the debate was well organized with each candidate giving an opening speech, then responding to questions scripted by the Virginia Bar Association, which was hosting the event. Then, each candidate got to ask the other candidate two questions, and finally questions that were submitted from the audience and a closing speech. The majority of questions as you can imagine involved job creation and the economy. However, some discussed Washington's attempts to assume all power within the country to which both candidates expressed the need for state's rights; however, only Bob McDonnell referenced the 10th Amendment and several times at that. -- The one and only question about guns was framed in such a way as to try to get them to denounce guns but to their credit they both resisted the urge. To paraphrase the question they asked "Given yesterday's conference here at the Homestead dealing with life after the VA Tech shooting, what do you think is the role of guns in modern society?" Both candidates expressed their grief over the lives that were lost but after that their answers were surprisingly short. Creigh Deeds said he supported closing the "gun show loophole" and increased access to mental health records and nothing more. Bob McDonnel said he did not support any efforts to close the so called "gunshow loophole" because that had nothing to do with the VA shooting, he only supported the mental health measures. Other than that they both said it was proven that the second amendment was an individual right and an important one. I had a chance to go up and talk with each of them individually for a few minutes afterwords, as the event was fairly small, so we had great access to them both. I told them that as a Virginia voter I was very concerned about my gun rights and they should continue to support them, especially measures like repealing the conceal carry ban in restaurants and keeping people like Mayor Bloomberg out of our internal state affairs. I let McDonnell know I was a fellow Army officer and so he made a good bit of time to listen. In the future, I'll have to remember to give the VCDL a plug -- I totally forgot! Debate Rebroadcast: http://www.virginiatalks.com/#debate ************************************************** 9. Responses to AAF Tank Museum policy ************************************************** Here is a sampling of the messages received from the AAF Tank Museum in response to comments on their "no guns" policy: ------ From: aaftank*gamewood.net Subject: Re: anti-gun policy Date: Thu, 23 Jul 2009 10:30:40 -0400 I would advise you to read the Firearms laws for the Commonwealth of Virginia especially Code of Virginia 18.2-308 (O.) which states "The granting of a concealed handgun permit shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property." ....end of line Maybe if the Holocaust Museum had a no firearms policy this would not have happen (sic) and yes the museum provides its own security [PVC: WHAT??!!!?? The Holocaust Museum is in WASHINGTON, DC. Talk about a "no guns" location! Sheeeeesh.] ------ From: Karen Gasser aaftank*gamewood.net This museum is privately owned and funded - no state federal dollars are used. [....] Somebody is lying. This link outlines federal assistance for AMERICAN ARMOURED FOUNDATION, INC. in VA: http://tinyurl.com/lf8xoh ************************************************** 10. Online CCW training debate ************************************************** Michael Smith, a firearms instructor, writes to VCDL in defense of his stance against online courses fulfilling the training requirement for a CHP: Mr. Van Cleave, Thanks again for returning my call and allowing me to respond to the newspaper article [Roanoke Times]. As per our conversation, I will briefly detail my concerns over online training for the Va. Concealed Carry Permit. 1) The course is approx. 1 hour long and there is no way for students to ask questions if they don't understand something that is being discussed. 2) After completing the video, there is a 20 question test - how can anyone verify who actually took the test? Also, it is my understanding that if the student misses a question, they are given the correct answers and allowed to retest. Once they "pass" the test, they can fill in and print a certificate. 3) There is no actual live fire training involved. How can anyone (who has never had any experience with a handgun) learn how to safely and accurately shoot their self-defense firearm without a live fire exercise. 4) Without live fire / range time, a student also does not have the ability to learn how to clear a firearms malfunction - failure to feed, stove pipe, failure to extract, etc. 5) What will a person do, especially in a real self-defense situation, when his or her firearm malfunctions? Does the term "fight like you train" come to mind. Will the person even know what to do? 6) What will happen if, someday, someone who took the on line training uses their firearm in self defense and winds up shooting themselves or an innocent bystander. Or, because of their lack of training, has a malfunction with their firearm and they can't fix the problem? Most people who will take the online training will get further instruction, or will at least go to the range and learn how their firearm works. However, there are many who will not. My concerns are about more than my ability to provide for my family. I am deeply concerned that individuals who are armed with a concealed firearm are safe and that they know how to use it. That they will know what to do if they ever need to defend themselves. [PVC: American's have survived for over 200 years with little or no firearms training.] I am not alone on this matter. There are other NRA instructors who are just as concerned. I know of four in the Lynchburg / Bedford area that feel the same way I do. None of which earn a living teaching a course for concealed carry permits. ************************************************** 11. Thune amendment: Great idea, wrong vehicle ************************************************** http://tinyurl.com/m9wtru examiner.com Thune amendment: Great idea, wrong vehicle July 22, 1:31 PM . Mike Stollenwerk - DC Gun Rights Examiner Today the so-called Thune amendment to require states to accept each other's handgun carry permits failed 2 votes short of the Senate's 60 vote cloture requirement. Senator Thune's (R - South Dakota) bill was a great idea in intent, but the mechanics were unconstitutional. The Congress' power is limited to what is enumerated in Article I of the United States Constitution. Congress does not have the same general police power over citizen conduct as do the several states, and federal statutes criminalizing conduct absent a federal power hook are unconstitutional. See United States v. Lopez (striking down federal ban on gun carry in and near K-12 schools). The Thune Amendment sought to deny states their police powers by commanding them to accept other state's gun carry permits. It goes without saying that what Congress cannot criminalize, it neither can decriminalize over the superior power of state sovereigns. The right way to encourage inter-state acceptance of gun carry permits is the way Congress encourages states to do most things - by requiring state law conformity as a condition of federal subsidies. Under the Congress' enumerated spending power, Congress does this all the time, e.g., requiring states to enact "21 to drink laws" to receive highway funds, requiring states to submit to the ATF lists of convictions and adjudications disabling Americans from possessing firearms as a condition of getting Omnibus Crime Control and Safe Streets Act of 1968 subsidies, etc. (remember the NRA's NICS Improvement Act?). Congressional members who are serious about encouraging inter-state gun carry permit recognition should do things the right way via the Congress' enumerated federal powers. First, Congress should knock off Continued ...