Monthly Archives: March 2012

Judge Rules Gun Owners Need Not Provide Reason

Posted: March 6, 2012 at 3:53 am

BALTIMORE Maryland residents do not have to provide a "good and substantial reason" to legally own a handgun, a federal judge ruled Monday, striking down as unconstitutional the state's requirements for getting a permit.

U.S. District Judge Benson Everett Legg wrote that states are allowed some leeway in deciding the way residents exercise their Second Amendment right to bear arms, but Maryland's objective was to limit the number of firearms that individuals could carry, effectively creating a rationing system that rewarded those who provided the right answer for wanting to own a gun.

"A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights," Legg wrote. "The right's existence is all the reason he needs."

But state Assistant Attorney General Matthew Fader vowed to appeal the ruling.

We disagree with this ruling," Fader said in a written statement that noted the "very important implications of the ruling for public safety."

Plaintiff Raymond Woollard obtained a handgun permit after fighting with an intruder in his Hampstead home in 2002, but was denied a renewal in 2009 because he could not show he had been subject to "threats occurring beyond his residence."

Woollard appealed, but his appeal was rejected by the review board, which found he hadn't demonstrated a "good and substantial reason" to carry a handgun as a reasonable precaution. The suit filed in 2010 claimed that Maryland didn't have a reason to deny the renewal and wrongly put the burden on Woollard to show why he still needed to carry a gun.

"People have the right to carry a gun for self-defense and don't have to prove that there's a special reason for them to seek the permit," said his attorney Alan Gura, who has challenged handgun bans in the District of Columbia and Chicago as an attorney with the Second Amendment Foundation. "We're not against the idea of a permit process, but the licensing system has to acknowledge that there's a right to bear arms."

In his ruling, Legg wrote that Second Amendment protections aren't limited to the household.

"In addition to self-defense, the (Second Amendment) right was also understood to allow for militia membership and hunting. To secure these rights, the Second Amendment's protections must extend beyond the home: neither hunting nor militia training is a household activity, and 'self-defense has to take place wherever (a) person happens to be,'" Legg wrote.

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Maryland Ruling a 'Huge Victory' for Second Amendment, Says SAF

Posted: at 3:53 am

To: LEGAL AFFAIRS AND NATIONAL EDITORS

BELLEVUE, Wash., March 5, 2012 /PRNewswire-USNewswire/ -- A federal court ruling in Maryland, that the Second Amendment right to bear arms extends beyond the home and that citizens may not be required to offer a "good and substantial reason" for obtaining a concealed carry permit, is a huge victory, the Second Amendment Foundation said today.

Ruling in the case of Woollard v. Sheridan - a case brought by SAF in July 2010 on behalf of Maryland resident Raymond Woollard, who was denied his carry permit renewal - the U.S. District Court for Maryland ruled that "The Court finds that the right to bear arms is not limited to the home."

U.S. District Court Judge Benson Everett Legg noted, "In addition to self-defense, the (Second Amendment) right was also understood to allow for militia membership and hunting. To secure these rights, the Second Amendment's protections must extend beyond the home: neither hunting nor militia training is a household activity, and 'self-defense has to take place wherever [a] person happens to be.'"

"This is a monumentally important decision," said SAF founder and Executive Vice President Alan M. Gottlieb. "The federal district court has carefully spelled out the obvious, that the Second Amendment does not stop at one's doorstep, but protects us wherever we have a right to be. Once again, SAF's attorney in this case, Alan Gura, has won an important legal victory. He was the attorney who argued the landmark Heller case, and he represented SAF in our Supreme Court victory in McDonald v. City of Chicago."

"Equally important in Judge Legg's ruling," he added, "is that concealed carry statutes that are so discretionary in nature as to be arbitrary do not pass constitutional muster."

"A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights," Judge Legg wrote. "The right's existence is all the reason he needs."

"Judge Legg's ruling takes a substantial step toward restoring the Second Amendment to its rightful place in the Bill of Rights, and provides gun owners with another significant victory," Gottlieb concluded. "SAF will continue winning back firearms freedoms one lawsuit at a time."

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF won the landmark Supreme Court case in McDonald v. City of Chicago that incorporated the Second Amendment to the states.

SOURCE Second Amendment Foundation

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Swan's assault on free speech

Posted: at 3:53 am

Julia Gillard and Wayne Swan. Source: HWT Image Library

WAYNE Swan. World champion treasurer and twit.

Over the years you accumulate a list of stories or commentaries that in the cold light of subsequent day you would prefer not to have written.

You also accumulate a second list of stories and commentaries that you regret NOT having written.

Some on this second list were written, or written better, by others. Then there are the ones that just slipped by, unwritten, as the moment passed.

One of the latter that I have continually regretted not writing is an observation on Julia Gillard's instruction to journalists to "just don't write crap." Serendipitously, her deputy Swan has now given a new sense of relevance to that previously unwritten observation.

Gillard's instruction came in response to a 'Dorothy Dixer' from Seven Network's Canberra correspondent Mark Riley: to paraphrase, please tell us how to report on, as he ingeniously - others might say, inanely - put it, climate change opposers? Presumably, some of those "climate change opposers" will now be out in the streets "opposing" the floods in NSW and Victoria. I look forward to Riley reporting on them.

Riley's question could have spawned a whole series of commentaries on the fawning failures of the Canberra Press Gallery.

Its collective failure to even report on, far less scrutinise, substantive policy. Of which so-called climate change aka global warming is the all-time but by no means only standout.

But when the Gallery turns to rolling up supine 'Dorothy Dixers,' as Riley did last July, we have truly moved into the realm of the nauseating surreal.

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Swan's assault on free speech

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Brit and American comedy dance at 'Secret Ball'

Posted: at 3:53 am

NEW YORK (AP) At the first U.S. Secret Policeman's Ball, American and British comics took turns on the Radio City Music Hall stage to showcase the foul-mouthed joy of free speech.

The benefit concert Sunday night brought a U.K. tradition across the Atlantic for the first time in its 36-year history. It was started by Amnesty International and Monty Python's John Cleese, who gathered comics for a gala to fundraise for the human rights organization. Musicians like Pete Townsend and Sting would later join.

The last Secret Policeman's Ball was in London four years ago, but the tradition was renewed stateside Sunday with the same guiding ethos of celebrating free expression by ridiculing despots whether they be international dictators, fictional characters like the Ball's namesake or maybe just more daily life demons like as Paul Rudd cited high-priced sushi.

"It's not a hostile takeover," insisted Russell Brand, speaking on behalf of his British countrymen.

In a 2 hour show, which was streamed live by EpixHD.com, that featured dozens of performers, the only restriction on speech was the "Wrap It Up" sign, which hurried the loquacious Brand from the stage.

Aside from the night's two musical guests Coldplay and Mumford & Sons the event mainly congregated comics. From the American side, there was Jon Stewart, Ben Stiller, Sarah Silverman, David Cross and most of the cast of "Saturday Night Live." The U.K. was mainly represented by stand-ups, including Eddie Izzard, John Oliver, Jack Whitehall and Micky Flanagan.

The culture clash was fodder for comic examination. Stiller and English comedian David Walliams analyzed the different meanings of various words between the two countries. Whereas they differed on words like "dentistry" and "obese," they found commonality in their dim view of CNN host Piers Morgan.

Stewart took the stage with North Korean leader Kim Jong Un (played by Rex Lee of "Entourage"). Kim pleaded to be allowed to join in the fun, trying out knock-knock jokes and demanding to be added to sketch. (He later made a cameo as a pizza delivery boy.)

Taped videos were played from three members of the Pythons Eric Idol, Terry Jones and Michael Palin who each made far-fetched excuses and claimed to be "the sixth Python."

The protested impediments to free speech took on unlikely forms. Silverman lambasted the refusal of an old boyfriend to be told "I love you" after six weeks of dating. Fred Armisen, Jason Sudeikis and Seth Meyers traded places in an interrogation sketch where each was guilty of offending "the Supreme Leader" who could only be assumed to be "SNL" producer Lorne Michaels. For some, even Fozzie Bear was "the man."

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AFL's Crows given freedom by new coach

Posted: March 5, 2012 at 3:53 am

AAP

Adelaide have shed their robotic AFL image and been gifted more freedom under new coach Brenton Sanderson, says winger Brodie Smith.

Long derided as Crowbots under former coach Neil Craig, Adelaide have won all three of their pre-season games under Sanderson.

"It's a bit more exciting footy, I guess," Smith said of the changed game plan.

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"It's not so much structure as last year and a bit more licence to have a bit of a crack."

The Crows will test their new style against Collingwood when they host the competition powerhouse on Friday night.

Another win would seal a cup grand final berth, but Smith said making the pre-season play-off was not a priority.

"It's not as important as getting all our structures right and improving for round one (of the premiership season)," he said.

"Obviously, it would be nice to be there, but it's not top of the list."

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Obama announces Medal of Freedom honor for Shimon Peres

Posted: at 3:53 am

Reporting from Washington -- Israeli President Shimon Peres will receive the Presidential Medal of Freedom this spring, President Obama announced at the American Israel Public Affairs Committee conference in Washington.

"Shimon once described the story of the Jewish people by saying it proved that, 'slings, arrows and gas chambers can annihilate man, but cannot destroy human values, dignity and freedom,'" Obama said as he announced the award. "He has lived those values. He has taught us to ask more of ourselves and to empathize more with our fellow human beings."

Obama spoke privately with Peres after the main conference session and congratulated him on the award. The Presidential Medal of Freedom is America's highest civilian honor.

Delegates to the conference, who had an otherwise mixed reaction to Obama's speech, greeted the announcement with applause.

"It's extremely well-deserved, the man has dedicated his life to peace," said Milton Salzer, a first-time delegate from Illinois. "His whole life he's had the message, peace is the first alternative, war is the last."

"He's done a lot for the relationship between Israel and America," said Jeffrey Freimark, a delegate from Florida. "There's a bit of a political ploy to it, but nonetheless it's good solid recognition of someone who's every much deserving."

The Israeli head of state spoke ahead of Obama at the conference, after being greeted onto the stage by a choir of children. Peres expressed hope that the younger generations in Israel's Arab neighbors will embrace democracy, while emphasizing Israel's need to defend itself against Iran.

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Obama allies, foes speculate on a big — and hypothetical — second-term agenda

Posted: at 3:52 am

If President Obama wins a second term, he will finally endorse same-sex marriage. Gay rights groups are almost certain. He will also make a new, historic effort to fight climate change environmentalists are pretty sure.

And Obama will finally do just what the Congressional Black Caucus wants. According to some members of the Congressional Black Caucus.

Conservative groups are equally confident that Obama, freed from the fear of losing his reelection bid, would deliver on far-reaching left-wing dreams. GOP candidate Mitt Romney forecasts a runaway spending spree. Newt Gingrich envisions a war on the Catholic Church. The National Rifle Association predicts a crackdown on gun owners.

The funny thing about all this is: Obama himself hasnt said hell do any of it.

In his speeches over the first few months of his reelection campaign the president has only sketched out a vague agenda for his next term. He wants to fix the immigration system. Put his health-care law into practice. Rebuild infrastructure. Revive manufacturing.

And, he told an audience in San Francisco, in what might be called a flourish of the obvious, were going to have to figure out how to pay for all this stuff.

This disconnect highlights one of the most unusual factors in an unusual campaign: Even after three years in office, Obama remains a political Rorschach test. His friends still project their brightest hopes on him. His enemies still project their deepest nightmares.

Both are still convinced they havent seen the real Obama yet or the real Obama agenda.

And so, paradoxically, they believe the most important ideas of Obamas reelection campaign are the ones hes not talking about.

All that first-term lip service to gun owners is part of a massive Obama conspiracy to deceive voters, NRA chief executive Wayne LaPierre said during the Conservative Political Action Conference. And hide his true intentions to destroy the Second Amendment during his second term! His evidence was Obamas past views on gun control, and his appointment of two Supreme Court justices the NRA considers hostile.

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Column – Stifling free speech won’t guarantee good speech

Posted: at 3:52 am

Andrew Bolt Monday, March 05, 2012 at 07:41am

THE Gillard Governments media inquiry threatens not only our freedom to speak, but to hear and decide for ourselves. But why?

Its report last week, by retired judge Ray Finkelstein, proposes a super media-cop, funded by government, to police all thats said and written in the media.

It would even have the power to disappear you - or, rather, your words - by requiring offending artilces to removed from the Internet, never to be read again.

But what suddenly happened that free speech is thought a threat, needing even more oppressive controls?

Finkelstein offers five striking instances of wrongful harm caused by unreliable or inaccurate reporting, breach of privacy, and the failure to properly take into account the defenceless.

Its list is astonishingly thin.

A minister of the Crown has his homosexuality exposed. He is forced to resign.

(The NSW minister was found visiting a bath house, is not defenceless and was not forced to resign, but chose to.)

A chief commissioner of police is the victim of false accusations about his job performance fed to the news media by a ministerial adviser ... He is forced to resign.

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'Freedom's Cap': the U.S. Capitol's big remodel

Posted: March 4, 2012 at 5:14 pm

'Freedom's Cap: The United States Capitol and the Coming of the Civil War'

by Guy Gugliotta

Hill and Wang, 512 pp., $35

The United States Capitol, as everyone knows, is where Congress meets and does nothing. It wasn't always that way; before the Civil War, Congress actually voted to do something: expand the Capitol to its present size

Former Washington Post reporter Guy Gugliotta tells how it happened in this fascinating new book. It's a tale of political intrigue, famous personalities, technological innovations and bitter feuds, all under the pervasive shadow of slavery and the threat of secession and Civil War.

The original Capitol, dating to 1800, was reconstructed after the British burned it during the War of 1812. By 1850, Gugliotta writes, it was a wreck: "Walls were cracking, roofs sagged, timbers rotted." The Senate sweltered in summer and froze in winter. Acoustics were so bad in the House that members couldn't hear one another. Something had to be done, and the man who got it started was the junior senator from Mississippi Jefferson Davis.

From April 1850 until he left Washington 11 years later to become president of the Confederacy, Davis was the new Capitol's "political champion, benefactor, and shepherd," Gugilotta writes

Bringing it into existence involved battles with presidents, other congressmen, architects and contractors. It didn't help that the man in charge of the project, Army Capt. Montgomery Meigs, a Davis protg, was arrogant and stubborn and clashed with the principal architect, Thomas U. Walter. But Meigs also was something of an engineering genius who devised many new construction techniques, especially for the Capitol dome. Meigs later became quartermaster general of the U.S. Army, ironically playing an important role in the eventual defeat of Davis' Confederacy.

Gugliotta tells the story well. But meanwhile, comfortably situated in the expanded Capitol, Congress continues to do nothing.

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CAPRI to offer second Freedom From Smoking class

Posted: at 4:29 am

by Billy Todd Staff Writer The Sampson Independent

Courtesy photo The Freedom From Smoking program offered by CAPRI, has only limited space for 16 people. Class begins Tuesday, March 13 from 6 to 8 p.m.

Have you tried to quit smoking? Do you want to kick the habit? If so, the Cardiac & Pulmonary Rehabilitation Institute (CAPRI), offered through Sampson Regional Medical Center, has a plan for you the Freedom from Smoking program.

The American Lung Association produced the program that has been around since 1980. Research has proven that this class is very beneficial in the cessation of smoking and has been called Americans gold standard in smoking cessation programs.

CAPRI manager Frank Bray, RRT, CPFT, RCP, HFS, is a registered respiratory therapist and certified pulmonary function technologist who instructs the Freedom From Smoking class at the Center for Health + Wellness. Class begins March 13 and continues through April 24. The class meets from 6 to 8 p.m. each Tuesday evening with the exception of the fourth week when it meets on Tuesday and Thursday.

Bray explains that there are three phases for the class. The first three weeks we prepare the class members to stop smoking. The Tuesday of the fourth week is Quit Day. We even have a service where we bury the habit. The Thursday class is for reinforcement. The last three weeks we spend time on maintaining our new habit of not smoking, explained the instructor.

The Freedom From Smoking program focuses on behavior change. Bray asserts, You have got to want to quit to do it. The program has a positive focus. It emphasizes the benefits of better health and improved lifestyle habits, as well as mastery of ones own life. The activities and assignments provide the class members who smoke with proven strategies for changing their behavior and lifestyle.

The instructor shared that he felt the area needed a proven smoking cessation program that was medically and ethically sound, cost-effective and evidence-based and able to be replicated, something the Freedom From Smoking program has been shown to accomplish.

In 1975, the leadership of the American Lung Association, American Thoracic Society, and Congress Lung Association staff launched a project to develop a smoking cessation program. Each organization offered a unique contribution: The ALA had the concerned and committed volunteers, ATS supplied scientific research and expertise, and the CLAS provided practical experience as health education professionals.

Bray stresses that it is vitally important to understand that as a result of this research and development, the Freedom From Smoking self-help manuals were introduced nationwide in 1980. The Freedom From Smoking Clinic Program was first introduced in 1981, and has helped hundreds of thousands of smokers quit since then. The newest intervention approach designed by the American Lung Association, Freedom From Smoking Online, was first offered in 1996 as an Internet chat room. It was redesigned and launched in 2001 and now offers 24-hour, 7-day-a-week access to intervention sessions and message boards at http://www.ffsonline.org. All Freedom From Smoking products are regularly reviewed and updated to make sure Freedom From Smoking remains the gold standard in smoking cessation programs.

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