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Self-Defense vs. Municipal Gun Bans
Hawaii Reporter ^ | June 29, 2005 | Robert VerBruggen

Posted on 06/29/2005 6:05:02 PM PDT by concentric circles

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Excellent recap of the DeMar case written by an undergraduate at Northwestern University.
1 posted on 06/29/2005 6:05:03 PM PDT by concentric circles
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Bump


2 posted on 06/29/2005 6:13:33 PM PDT by Dr.Zoidberg (Children's classic songs updated for Islam "If you're happy and you know it, Go Kaboom!")
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To: concentric circles
“Local control has nothing to do with denying what I consider a basic right under the state and federal constitutions,” Petka says. “A village can no more deny self-defense than they can pass an ordinance that you can’t publish articles in their territory.”

Sorry, buddy. You're just wrong. The Supreme Court just hasn't gotten around to ruling that you can't publish articles in their territory yet. Trust me, they will.

3 posted on 06/29/2005 6:19:54 PM PDT by Hardastarboard
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To: concentric circles

Wow that was a long read.
I wonder how much money the lawyers all have made defending DeMar?
He mad some mistakes but is hardly a criminal


4 posted on 06/29/2005 6:22:48 PM PDT by mylife (The roar of the masses could be farts)
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To: concentric circles

With this supreme court the constitution and founding princpipals mean nothing. There is only one way to get rid of a supreme.


5 posted on 06/29/2005 6:23:06 PM PDT by JustAnotherOkie
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To: concentric circles
DeMar explains his actions this way: “I suppose some would have grabbed their children and cowered in their bedroom…praying that the police would get there in time to stop the criminal from climbing the stairs and confronting the family in a bedroom, trembling, dreading the sound of the door being kicked in. That’s not the fear I wanted my children to experience, and it is not the cowardly act that I want my children to remember me by.”

I wish I could shake this man's hand and buy him a beer.
6 posted on 06/29/2005 6:31:36 PM PDT by Sweet_Sunflower29 (My poor cat has a broken leg.... and a huge cast. <^..^>)
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To: concentric circles

Me? I'd rather be judged by 12 than carried by six. Gun bans are unconstitutional, and counting on the Supremes for help you're better off getting a ruling from the music group Supremes.


7 posted on 06/29/2005 6:32:41 PM PDT by Extremely Extreme Extremist
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To: concentric circles
In 2003 Brooklyn computer engineer Ronald Dixon spent three days in jail after shooting a home invader. Dixon’s handgun permit had not yet been approved.

This author, and virtually every other non-NYC based based author who's mentioned this case, is totally misinterpreting the Dixon case. It's true that Dixon, who had recently moved to NYC from another state, had applied for a gun permit in NYC. However, the notion that he got off practically scot free (compared to the huge penalties on the books in NYC) because it was just a technicality that the permit "had not yet been approved" is very misleading. There was about a one in a million chance that his permit application would ever have been approved. He was just an ordinary working joe, and they NEVER get gun permits approved in NYC.

The reason this guy got let off is that the circumstances of the case (saved his children from an intruder with a mile long rap sheet that the "justice" system obviously should gotten off the streets years earlier) were such that handing down any significant penalty would have caused massive protests, and quite possibly started the ball rolling to get these extremist anti-gun laws off the books. His "crime" was flat out a "felony" under NYC law, and carried a multi-year prison term. He refused to cop a plea to a felony since it would automatically have cost him his job, as would any prison sentence that interfered with his job. So the hoplophobic DA, reluctantly and under extreme political pressure, finally ended up downgrading the charge to a misdemeanor with a prison sentence of a long weekend.

But you can be sure that Dixon's NYC gun permit will NEVER be approved, and that they have taken his gun away from him.

8 posted on 06/29/2005 6:44:57 PM PDT by GovernmentShrinker
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To: Sweet_Sunflower29

You bet, I never learned to cower and whimper either.


9 posted on 06/29/2005 6:44:58 PM PDT by SWAMPSNIPER (LET ME DIE ON MY FEET IN MY SWAMP, ALEX KOZINSKI FOR SCOTUS)
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To: mylife

I wonder how nuch money the taxpayers have shelled out for public defenders, medical treatment, and incarceration for Billings, over his lengthy criminal career. And for welfare payments to support the children he spawned between crimes.


10 posted on 06/29/2005 6:47:08 PM PDT by GovernmentShrinker
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To: concentric circles
DeMar had been unable to get his locks changed on short notice after the previous night’s burglary (he would later be accused of not trying hard enough)

This obscene accusation was no doubt levelled by some representative of local law enforcement or judicial system, eager to distract attention from how the aforementioned agencies aren't trying hard enough to catch these animals quickly and then keep them off the streets.

11 posted on 06/29/2005 6:52:33 PM PDT by GovernmentShrinker
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To: concentric circles
Boy oh boy, was I ever confused?!?

I'm reading and reading - while scratching my head, as to why this is in the HAWAII REPORTER, then I finally see at the end:

Northwestern University’s Medill School of Journalism in Evanston, Illinois

Now I wonder if Chicago's two fine newspapers, the Tribune and Sun-Times refused to print this? Nah, they wouldn't do that.

.... Bwaaaaahaha!

btw, This was HUGH news here in the Chi area and IIRC some of Demar's legal matters were handled pro bono and some money was raised for him by Concealed Carry, Inc. of Oak Brook, IL. (pro gun group fighting 'Da Mare', Richie Daley and his gun grabbing minions in Springfield at every turn)

12 posted on 06/30/2005 6:29:12 AM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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To: GovernmentShrinker
But you can be sure that Dixon's NYC gun permit will NEVER be approved, and that they have taken his gun away from him.

It depends on what type of permit you're talking about: concealed carry is not likely, but simple premises licences will be approved if you meet their qualifications and pay large fees. P.S. They do take their time to grant approvals.

NEW YORK CITY HANDGUN LICENSING INFORMATION

13 posted on 06/30/2005 12:11:04 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: concentric circles; Admin Moderator
I'm glad that this article was posted again, because the first time it was erroneously misclassified as a blog, when it was properly posted under the editorial sidebar. It has a wealth of information. It was originally in Reason.
14 posted on 06/30/2005 12:38:22 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: concentric circles
" U.S. District Judge Emmet G. Sullivan “indicated that he found our arguments credible, but he thought U.S. v. Miller bound him,” "

I think the judge lies.

15 posted on 06/30/2005 1:01:14 PM PDT by gatex (NRA, JPFO and Gun Owners of America)
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To: neverdem

"Meeting their qualifications" is often the problem, since the qualifications consist of the vague and arbitrary opinion of the licensing officer. Dixon was black, living in a black neighborhood. His chances for approval were slim, especially since was already in possession of the gun "illegally". If the licensing officer got wind of that, which he almost certainly would have (you have to get the license first, then buy an approved model of gun within 30 days, then take that gun to the licensing officer who inspects it an records the serial number, and no doubt traces its origin -- which would quickly reveal where and when it had been purchased), Dixon would not only never have gotten a premises license, but would have been prosecuted immediately.


16 posted on 06/30/2005 1:09:32 PM PDT by GovernmentShrinker
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To: GovernmentShrinker
"Meeting their qualifications" is often the problem, since the qualifications consist of the vague and arbitrary opinion of the licensing officer.

One of my best friends, who is visibly handicapped from cerebral palsy, stabbed a guy who started a fight with him. The guy was stabbed in the femoral artery and required multiple transfusions. In an earlier age, he would have died. My friend was arrested. He eventually pled guilty to disorderly conduct. He legally owns a number of handguns and lives in New York City.

17 posted on 06/30/2005 1:38:04 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: GovernmentShrinker

P.S. Dixon fell into the same limbo as any other person that moves to NYC from almost anywhere else in the country if they already own firearms, not just handguns.


18 posted on 06/30/2005 1:45:01 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: Sweet_Sunflower29
DeMar explains his actions this way: “I suppose some would have grabbed their children and cowered in their bedroom…praying that the police would get there in time to stop the criminal from climbing the stairs and confronting the family in a bedroom, trembling, dreading the sound of the door being kicked in. That’s not the fear I wanted my children to experience, and it is not the cowardly act that I want my children to remember me by.”...I wish I could shake this man's hand and buy him a beer.

I understand the emotional appeal, but frankly a gunowner who hasn't loaded, much less fired his handgun in 20 years, and can't place a single shot of four in the perps central body mass would be well advised to barracade himself in the bedroom, establish a defensive position and await the arrival of the police. You can't assume an intruder will be either unarmed or, if armed, incompetent. Here's hoping he teaches the kids to shoot, and spends some time at it himself.

To show you how times have changed, I shot with a jr. rifle club at the Wilmette police range in the late 50s, early 60s. That's been long gone, I'm sure.

19 posted on 06/30/2005 1:47:36 PM PDT by SJackson (Israel should know if you push people too hard they will explode in your faces, Abed. palestinian)
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To: SJackson
Here's hoping he teaches the kids to shoot, and spends some time at it himself.

Can't argue with that!
20 posted on 06/30/2005 2:18:53 PM PDT by Sweet_Sunflower29 (My poor cat has a broken leg.... and a huge cast. <^..^>)
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