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

10/15/09 - VCDL Update 10/15/09 - Part 3

his back to the officers when Lilly opened fire without warning, hitting Arambula six times. The last two shots allegedly hit Arambula when he was on the ground. Spencer told ABCNews.com that the officers reacted only with the information they had at the time, without the benefit of hindsight. According to a transcript of the 911 call attached to the lawsuit, Arambula told the dispatcher, "I'm the homeowner. You just killed, you = killed the homeowner. The bad guy's in here." About two minutes into the call, Arambula was recording saying goodbye = to his family, saying "I love you ... I love you." About three minutes later, with the 911 call still recording, an officer was picked up saying "We f**cked up," and then Lilly saying, "I f**cking shot this guy ... f**cked up." About six minutes into the call, Coutts was recorded as saying "Was the gun down here?" Lilly's response was recorded as "I don't know. I heard screaming and I (inaudible) fire." "Don't worry about it," Coutts was recorded as saying. "I got your back." But Spencer, who denied any attempt at a cover up, told ABCNews.com that it was his understanding that Arambula was facing the officers while holding his gun, contradicting Arambula's claim that his back was to the officer. While PLEA argued that Arambula was not shot in the back, Arambula's attorney Michael Manning told ABCNews.com that Arambula's surgical doctor determined that the first bullet entered through his back and came out his abdomen. According to the lawsuit, Arambula was eventually dragged out of the home, which PLEA Officer Jerry Gannon said was done for his safety because police did not know whether an intruder may have still been in = the house. But the lawsuit alleges further mistreatment even after the intruder was taken into custody, including that Arambula was dragged from the patio to the gravel in front of the house, his head banged against a post on the fence. Police Error Could Mean Amputation for Homeowner The lawsuit claims Arambula, who had still not received medical attention, was picked up again and placed on the hood of a hot squad car and driven for a time down the street before being transferred by ambulance to a hospital where he immediately underwent surgery. Lesley Arambula, the lawsuit claims, was interrogated for hours and kept in a squad car with her children with no word on her husband's condition. At the hospital, Arambula was questioned by detectives immediately after coming out of surgery and told, according to the lawsuit, that the intruder would be cited and released because he was found to be unarmed. "Tony was incredulous at their conclusion and asked the police if they = had looked under Matthew's bed. The police assured him that they had done so and completed a thorough investigation, but promised to go back and look again," the lawsuit stated. The intruder's gun was found under the boy's bed during a subsquent search. According to the lawsuit and Manning, Arambula's wrist was so badly damaged in the shooting that he faces more surgery and possibly even amputation. Even if he keeps the wrist, the lawsuit alleged, he may suffer some permanent loss of the use of his hand and wrist. Doctors have already intentionally broken Arambula's right hip to collect bone fragments for use in his wrist. "Even if Tony gains back full use of his wrist, doctors have told him to expect a lifetime of pain and arthritis as a result of his wounds," = the lawsuit stated. "The bullets that penetrated Tony's knee and leg have left him with daily pain and swelling." And, the lawsuit claims, the damage is more than just physical. Lesley Arambula was forced to take time off work and was recently laid = off. The boys are in therapy and the family has had to pay thousands of dollars in repairs to their home to clean the bloody carpet and walls and fix the bullet holes. Arambula was even mistakenly threatened with arrest when he went to the police station months afterward to pick up his handgun and other items seized by police as evidence. Arambula was eventually let go after convincing police that two outstanding felony drug warrants in his name were incorrect and that he had been at home in Arizona recovering from the shooting when the warrants were issued, not in Washington state and Oregon. "But, they warned him to 'be careful' suggesting that he might just be = arrested and taken to jail if he encountered any police, because of the 'confusion' regarding the warrants," the lawsuit stated. Though the notice of claim filed with the defendants in advance of the = lawsuit says the Arambulas are asking for $5.75 million, Manning noted = that the cost could go higher once they go before a jury, especially if Arambula's medical costs skyrocket from the amputation of his wrist. Spencer confirmed to ABCNews.com that other than the mandatory three days paid leave after the shooting, Lilly has remained on the job in full capacity. Neither he nor Coutts were disciplined. ************************************************** 27. Who needs a gun on campus? ************************************************** A male student slashes the throat of a female classmate. http://tinyurl.com/yj6dc6f http://news.yahoo.com UCLA student's throat slashed in chem lab By RAQUEL MARIA DILLON, Associated Press Writer Fri Oct 9, 3:22 am ET LOS ANGELES - Students and faculty at UCLA are stunned following a horrific attack in a campus chemistry lab in which a male student allegedly slashed the throat of a female student. The woman underwent surgery for multiple stab wounds at Ronald Reagan UCLA Medical Center and was in stable condition Thursday night, Los Angeles police said. Damon Thompson, 20, was arrested in the same chemistry building shortly after the stabbing Thursday. He was booked Thursday night on suspicion of attempted murder and was being held on $1 million bail, said Los Angeles police Officer Sara Faden. UCLA spokesman Phil Hampton said the victim and suspect were both 20- year-old seniors taking an organic chemistry class along with other students who were in the undergraduate teaching lab at the time. Cyril Baida, a teaching assistant who was working in a lab across the hall, said he saw the victim stagger out of the lab while another teaching assistant applied pressure to her neck, Baida said. "The poor girl was completely drenched with blood. She was talking at first but then she started fading away," he said. "We told her she was = going to be fine and to keep breathing so she didn't pass out. I told the other TA that he was doing great so he didn't faint either." Baida said he did not know the victim or the suspect but was told that = they were lab partners or had worked together in a small group on projects in their lab section. Los Angeles city police and campus police interviewed about 30 witnesses who were in or near the lab and might have seen the attack, Campus Police Assistant Chief Jeff Young said. The motive is under investigation. "Her TA -- that guy deserves a medal. He had his hands around her wounds and was yelling, 'Call 911,'" said Baida, a 26-year-old biochemistry graduate student. "I called 911 and told him to bring her = into our lab. He kept holding her so she wouldn't bleed until the paramedics arrived." Baida said the organic chemistry lab where the attack took place is a demanding class. "All my students have taken it and they hate it. Usually people bond during classes like that because they have to study together. I don't think it was so tough that it makes people go crazy," he said. "It's awful, but things like this can happen anywhere." UCLA Chancellor Gene D. Block said the campus community was shocked by = the attack and "wishing for the speedy recovery of the young woman who = was injured." ************************************************** 28. 450 mayors sign letter to Obama demanding dozens of gun control laws ************************************************** ATF gun show enforcement program advocated by clueless mayors: Bob Epperson emailed me this: -- Philip, I was not sure if any of the VCDL folks had seen this but this was in the Washington Post on Saturday, 3 October. Best Regards, Bob http://tinyurl.com/y93hs4z www.washingtonpost.com 450 Mayors Petition Obama To Adopt Broad Gun Reform By David S. Fallis Washington Post Staff Writer Saturday, October 3, 2009 A new report from a national coalition of mayors urges President Obama = to adopt dozens of reforms to help curb gun violence, including steps to crack down on problems at gun shows and the creation of a federal interstate firearms trafficking unit. The "Blueprint for Federal Action on Illegal Guns," a copy of which was obtained by The Washington Post, presents 40 recommendations that "would dramatically improve law enforcement's ability to keep guns out = of the hands of criminals -- and, in doing so, save innocent lives." The strategies outlined by the Mayors Against Illegal Guns, a bipartisan group of about 450 mayors nationwide, focus on the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The agency, which = has been sent a copy of the report, declined to comment. "Implementing these recommendations would achieve a goal that all participants in the gun debate support: enforcing laws already on the books," says an accompanying letter signed by the coalition's co- chairmen, Mayors Thomas M. Menino (D) of Boston and Michael R. Bloomberg (I) of New York. According to the report, hard work by ATF field agents has "been undermined by congressional restrictions, inadequate resources, and a lack of leadership from federal officials in Washington." The proposed changes could be accomplished within existing laws through agency reforms, regulatory moves and better funding, the report said. The strategies grew out of academic and government research, an analysis of firearms prosecutions and talks with government and law enforcement officials. "The mayor's coalition created this document for policy discussion," said Jason Post, a spokesman for Bloomberg's office. There are no plans for public release of the document, which is being distributed to key members of Obama's administration and agencies affected by the recommendations. The 51-page document suggests a handful of strategies that would tighten ATF oversight of thousands of gun shows held annually. The study noted that a 2007 inspector general's probe concluded the "ATF does not have a formal gun show enforcement program." ATF agents should have greater discretion to conduct criminal investigations at gun shows identified as sources of firearms later seized in crimes, the report states, noting that "criminal activity endemic to some gun shows goes unchecked." Agents at gun shows should "develop undercover integrity tests" to determine whether felons or out-of-state residents are making illegal purchases. The report also calls for a better approach to crime gun tracing, the process that tracks a seized weapon back to its first retail sale. The = ATF lacks the structure or resources to "fully realize its power," the = report says, and information is not regularly shared with field offices, and state and local law enforcement. To this end, the study wants ATF to be funded to create a new "Office of Tactical Trace Analysis," which would replace the current crime gun = analysis branch. Because serial numbers are sometimes obliterated on crime guns, the study also wants ATF to require that manufacturers stamp new guns with = a second, hidden serial number. Another recommendation calls for the FBI to notify local and state law = enforcement every time a person attempts to buy a gun, but does not pass the background check. "Federal law enforcement should communicate that red flag to the state = and local authorities that may be best positioned to address the threat," the report says, suggesting the use of e-mail alerts. And federal prosecutors should more aggressively prosecute people who fail the background check, the study says. In 2005, the FBI referred 67,713 cases to the ATF, but federal prosecutors pursued only 135 of those cases. Proposed changes urge that the ATF be given additional manpower. The agency has about 2,500 agents spread among 22 field divisions, the study says, and lacks resources to effectively police gun trafficking across state and national borders. The report wants money for a "Interstate Firearms Trafficking Unit," to better coordinate ATF investigations. Former ATF officials, according to the report, say it is common for agents to fail to reach out to their counterparts in different states. Without such coordination, investigations "may be compromised by regional ATF offices and joint task forces working at cross-purposes." The ATF also needs $53 million to hire more field inspectors to ensure = compliance by gun dealers, the report said. At the current pace, dealers are inspected once every 11 years, instead of the agency's goal of once every three years, according to the report. ************************************************** 29. 13 y.o. boy repels burglars from home with 20 ga. shotgun ************************************************** A trained hunter and "fan of the Military channel" blinds would-be burglars with a high powered light, shoots one in the face with an airsoft pistol, and fires a warning shot from 20 gauge. http://tinyurl.com/yedlyyt www.examiner.com [SNIP] Josh Cichy, 13, arrived back at his Milford home Friday night just in time to scare off two would-be burglars. "I walked down the hall and I saw two guys at the door and window," Josh, home alone at the time, later told Fox 2. A trained hunter and fan of the Military Channel, he ran to his bedroom to grab weapons. As Josh tells it, he used a high-powered hunting spotlight to blind the intruders, shot one of them in the face with his Airsoft pistol and then used his 20-gauge shotgun to fire a warning shot in the air. "I shot at the one dude," he said. " I think I got him right in the face -- on the side." ************************************************** 30. Guns are the new abortion ************************************************** Judges are becoming more important to the gun-rights movement. http://tinyurl.com/ykfurzp www.foxnews.com Curt Levey - FOXNews.com - October 05, 2009 Guns Are the New Abortion With an estimated 90 million firearms owners in America and a huge margin of popular support for a right to keep and bear arms, the gun rights community is a potent political force. But until recently, it had little reason to care about judges. That's all changed with the arrival of a new Supreme Court justice and the Obama administration. As a new Supreme Court term opens today, one issue on the Court's docket stands out, not only for its legal significance, but also for the role it will play in future High Court confirmation fights. The issue is gun rights, and in several ways, it's the new abortion. Last week, in a case out of Chicago, the Justices agreed to decide whether the Second Amendment gives Americans a constitutional right to = keep and bear arms that is enforceable against state and local gun laws. Coming on the heels of the High Court's landmark gun rights decision last year, and at a time when the retirement of two Supreme Court Justices appears imminent, the Chicago case reminds gun owners that their battlefield has shifted to the courts and hastens the profound change in the politics of judicial confirmations that began this summer. Spurred on by the courts' new role in gun rights and by Sonia Sotomayor's narrow view of the Second Amendment, gun owners - from the = grassroots to the National Rifle Association - jumped into a Supreme Court confirmation contest for the first time in history this summer. With an estimated 90 million firearms owners in America and a huge margin of popular support for a right to keep and bear arms, the gun rights community is a potent political force. But until recently, it had little reason to care about judges. Its battles took place almost entirely in the legislative arena, where it built a long record of success. Then came District of Columbia v. Heller, the Supreme Court's 2008 decision recognizing the Second Amendment as an individual right. By empowering Americans to protect that right in court, the Justices transferred the theater of war from legislatures to the judiciary. However, Heller left two huge questions unaddressed - the all- important standard for evaluating the constitutionality of gun regulations, and the Second Amendment's application to state and local = laws. Moreover, the Supreme Court's 5-4 split means that if President Obama replaces one of the five center-right Justices, Heller itself could be gutted or even overturned. As with other ideologically charged issues in the hands of the courts, = the future of gun rights depends as much on the composition of the federal bench as on the strength of the legal arguments. That's why I and others predicted that gun owners - their fate tied to the selection of judges in the wake of Heller - would emerge as a potent part of the coalition advocating against liberal judicial activism and = for judges who strictly interpret the Constitution. Those predictions seemed prescient when President Obama chose a Supreme Court nominee with - in the words of former NRA president Sandy Froman - "an extreme anti-gun philosophy" and record. Word about = her record spread quickly among gun owners, generating calls to senators and leading gun rights groups. Despite some initial hesitation about jumping into the unchartered waters of judicial nominations, the groups listened to their members and began to speak out against Sotomayor's confirmation. Some criticize the NRA for joining the bandwagon late, but it deserves = much of the credit for making gun rights the most prominent issue in the final month of the confirmation fight. Nearly every senator criticized, defended, or tried to counterbalance Sotomayor's Second Amendment record in explaining their vote on confirmation. The last time a controversial Democratic Supreme Court nominee came before the Senate, only 3 Republicans voted against Ruth Bader Ginsburg. The conventional wisdom was that Republicans might be able to muster 20 votes against Sotomayor. But in the end, 31 of 40 Republican senators voted nay, and the Second Amendment issue explains = much of the increase over history and expectations. Similarly, predictions that several of the four GOP senators in the heavily Hispanic states of Texas and Arizona would vote for the first Hispanic = Supreme Court nominee fell flat, largely because those states also have large gun-owning populations. Across the aisle, Democratic senators from gun-heavy red and purple states waited until almost the last minute to announce their support for Sotomayor. Several of them would likely have voted nay had the NRA = gotten involved earlier or "worked" the vote, or had the Democratic leadership failed to squeeze the vote in before those senators went home to gun country for August recess. In any case, if Sotomayor votes = against gun rights while on the Supreme Court, the red and purple state Democrats who supported her will likely pay a price at the polls. The political dynamics of nominating and confirming judges has been forever altered. Abortion rears its head in virtually every Supreme Court or hotly contested lower court confirmation contest. Gun rights will now do the same, especially as the explosion of Second Amendment litigation guarantees that more and more judicial nominees will have relevant rulings, briefs, articles, and speeches to scrutinize and debate. Abortion opponents have been the most influential part of the coalition opposing liberal judges and judicial activism. But the new, gun-owning gorilla in the room matches the pro-life movement in numbers and surpasses it in ability to influence moderate Republican and Democratic senators. And there's no comparable countervailing force on the other side. This summer, the Second Amendment community got its feet wet. Next time around, gun owners - from the NRA down to the grassroots - will be more focused on the importance of judicial nominations, more educated about the politics of the confirmation process, more sophisticated about influencing the outcome, quicker to the draw, and more aggressive. Even red and purple state Democratic senators will have to seriously consider voting against judicial nominees who appear = less than sympathetic to the Second Amendment. And, should Heller or a = victory in the Chicago case be imperiled by the retirement of one of the five center-right Justices, all bets are off. In the end, the payoff for gun rights advocates may be found as much in the selection of judges as in the confirmation process. By all reports, the White House was unpleasantly surprised by how big an issue Sotomayor's Second Amendment record turned out to be. Expect Obama and his Democratic successors to borrow a page from Republican presidents, who have shied away from nominating outspoken opponents of = abortion for the past two decades. In the war for the soul of the judiciary, the confirmation of Sonia Sotomayor will be narrowly viewed as a setback for conservatives. But viewed with an eye on future battles and interest group dynamics, her confirmation contest was an important turning point. It's like 1917, when the teetering Allies gained a powerful new partner in the Great War. In time, it made all the difference in the world. Curt Levey is Executive Director of the Committee For Justice, which promotes constitutionalist judicial nominees and the rule of law. ************************************************** 31. Primer for Terry stops and open carry ************************************************** Here is a powerpoint presentation for police on Terry Stops and open carry: http://tinyurl.com/yzgc4e7 ************************************************** 32. In U.S., record low support for stricter gun laws ************************************************** New Gallup and Rasmussen polls show gun control advocates are outside the mainstream. http://tinyurl.com/yjyq6o3 www.gallup.com Gallup Confirms Rasmussen Poll on Infringements: Gallup finds a new low of 44% of Americans saying the laws covering firearm sales should be made more strict. That is down 5 points in the last year and 34 points from the high of 78% recorded the first time the question was asked, in 1990. Today, Americans are as likely to say the laws governing gun sales should be kept as they are now (43%) as to say they should be made more strict. Until this year, Gallup had always found a significantly higher percentage advocating stricter laws. At the same time, 12% of Americans believe the laws should be less strict, which is low in an absolute sense but ties the highest Gallup has measured for this response. These results are based on Gallup's annual Crime Poll, conducted Oct.1-4 this year. The poll also shows a new low in the percentage of Americans favoring a ban on handgun possession except by the police and other authorized persons, a question that dates back to 1959. Only 28% now favor such a = ban. The high point in support for a handgun-possession ban was 60% in the initial measurement in 1959. Since then, less than a majority has been = in favor, and support has been below 40% since December 1993... -------- http://tinyurl.com/ylq9hdh www.examiner.com Many Americans oppose stricter gun control laws October 8, 1:15 PMPortland Conservative ExaminerTim Pearson Just 39% of Americans now say the United States needs stricter gun control, as the U.S. Supreme Court prepares to review the constitutionality of state and local anti-gun laws. A new Rasmussen Reports national telephone survey shows that 50% are opposed to stricter gun control laws, and 11% are not sure. In March, 43% favored stricter gun control laws. In previous surveys, voters have been narrowly divided on the question. Men by 23 points oppose stricter gun control laws. Women are evenly divided. Sixty-five percent (65%) of Democrats favor tighter control of guns, but 69% of Republicans and 62% of adults not affiliated with either party disagree. The Supreme Court starts a new term today, and one of the most important cases on its docket looks at whether the Second Amendment of = the U.S. Constitution takes legal precedence over state and local anti- gun laws. Only 20% of adults believe city governments have the right to prevent citizens from owning handguns. Sixty-nine percent (69%) disagree and say city governments do not have = that right. Eleven percent (11%) are undecided. Eighty-seven percent (87%) of Republicans, 52% of Democrats and 72% of = unaffiliateds say cities do not have the right to ban handgun ownership. Seventy-one percent (71%) of Americans continue to believe that the U.S. Constitution guarantees the right of an average citizen to own a gun. Thirteen percent (13%) do not think gun ownership is a constitutional right. Fifteen percent (15%) aren't sure. The Second Amendment is an amendment to the Bill of Rights and states, = "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed." While gun control advocates argue the amendment refers to equipping a militia for defense and not to guarantee an individual's right to own a gun, The National Rifle Association and numerous political leaders, both Democrat and Republican, disagree. Rasmussen Reports -Monday, October 05, 2009 The problem is that gun control leads to an increase in other crimes, because it imposes on honest citizens greater costs than it imposes on = criminals (those who have a demonstrated propensity for ignoring laws and, therefore, do not care about gun control and will, regardless of laws, acquire firearms), and greater risk because it signals that people are defenseless and easy targets. The historical and empirical evidence is that, overall, gun control increases crime(*). As Americans, we have a right to self-defense preparation as long as it's done legally and responsibly. Those that choose not to exercise that right and attempt to impose their choice onto others demonstrate a level of intellectual arrogance and egocentrism that is not shared by a majority of Americans. -------- http://tinyurl.com/yc4nw8x www.examiner.com Gun Rights 101: Americans speak and demagogues feign deafness October 7, 10:54 AMSeattle Gun Rights ExaminerDave Workman A recent Rasmussen poll on gun rights versus gun control clearly shows = that liberal demagogues including Chicago Mayor Richard Daley and Seattle's lame duck Mayor Greg Nickels are far out of the mainstream when it comes to gun rights. My colleague Gene German in Wisconsin writes about this poll here. Alan Gottlieb, chairman of the Citizens Committee for the Right to Keep and Bear Arms, said the poll results confirm what his organization has been saying for years. "It's ironic that the Chicago case just went to the Supreme Court," Gottlieb noted, "while Rasmussen tells us that only 20 percent of adults believe city governments have a right to prevent citizens from owning handguns." Rasmussen released the results of this poll earlier this week, and it contains some significant information about how the public has shifted = on the issue of gun rights just days after the Supreme Court accepted a case challenging the handgun ban in Chicago. That lawsuit, filed by the Second Amendment Foundation of Bellevue - located just across Lake = Washington from Seattle - and the Illinois State Rifle Association, and four Chicago residents will be heard by the court sometime in February. How far out of the mainstream are Nickels and Daley...and guys like New York Mayor Michael Bloomberg? According to Rasmussen, only one in five Americans believe cities have the right to ban handguns, a paltry = 20 percent. Eleven percent aren't sure. But 69 percent of American citizens are certain that cities cannot ban handguns. Sixty-three percent of voters agree with the Supreme Court's 2008 ruling in District of Columbia v. Heller that Americans have an individual right to keep and bear arms beyond service in some militia, = and that the Second Amendment protects that right. Overall, 71 percent = of Americans believe the Constitution guarantees this right, Rasmussen's poll revealed. Democrats continue to appear as the party of gun control. The Rasmussen poll showed 87 percent of Republicans, 72 percent of "unaffiliated" citizens and only 52 percent of Democrats said cities do not have the right to ban handguns. Furthermore, 65 percent of Democrats support stricter gun controls, while 69 percent of Republicans and 62 percent of independents oppose further gun restrictions. Overall, only 39 percent of Americans favor stricter gun laws, and that is down from 43 percent only six months earlier, in March, when Rasmussen took an earlier poll. These poll numbers fly in the face of Nickels, who has vowed to post city park facilities off limits to all firearms, including those legally carried by law-abiding citizens. He has been reminded by