From: owner-roc-digest@lists.xmission.com (roc-digest) To: roc-digest@lists.xmission.com Subject: roc-digest V2 #476 Reply-To: roc-digest Sender: owner-roc-digest@lists.xmission.com Errors-To: owner-roc-digest@lists.xmission.com Precedence: bulk roc-digest Tuesday, December 11 2001 Volume 02 : Number 476 ---------------------------------------------------------------------- Date: Mon, 26 Nov 2001 20:14:37 -0800 (PST) From: Bill Vance Subject: Sending K-Mart A Message. (fwd) - ----------------------- begin forwarded message from Brad3000 --------------------- Date: Mon, 26 Nov 2001 22:15:05 -0500 From: Brad3000 Subject: SRA - Sending K-Mart A Message. FYI - Send a Christmas message... ;-) (via GONJ) Source: Self (Letter to the Editor) http://www.freerepublic.com/focus/fr/577893/posts Posted on 11/25/01 4:57 PM Pacific by Eagle Eye Kmart Turned its Back on Americans (turn your back on Kmart!) This is a little reminder for all Christmas shoppers who are still looking for presents for friends and family. On 9-11, at a time when Americans throughout the country felt extremely vulnerable and endangered, K-Mart decided to refuse to sell firearms or ammunition despite the widespread demand. When Americans most felt the need for a firearm, K-Mart refused to help. At a time when Americans felt endangered, K-Mart refused to help. When I heard the rumors of this, I personally went to two area K-marts to verify the reports and found that Kmart had signs up telling potential customers that they couldn't buy from them because, in essence, Kmart didn't trust them with a firearm. Walmart and the local sporting good stores continued to sell firearms and ammunition. In my opinion, what K-mart did was cowardly and un-American, and I sincerely hope that all holiday shoppers will remember the unpatriotic deeds of Kmart and spend their money in more deserving stores. -------------------------- Any other views expressed herein, are my own, not bought or sponsored in any shape or form, by or for any organization, currently existing or not. It should be noted: the URL posted is very likely to suddenly expire & if the reader wants to read the full article, they should should visit the copyright holders listed site very promptly. References & partial texts are given for EDUCATIONAL & INFORMATIONAL purposes only as per the "Fair Use" as described in Title-17, Sect 107 below. ---------------------------------------------------------------- **COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment to those who have expressed a prior interest in receiving the included information for nonprofit research & educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml] ---------------------------------------------------------------- - ----------------------- end forwarded message from Brad3000 --------------------- - -- - ---------------------------------------------------------------------------- RKBA! ***** Blessings On Thee, Oh Israel! ***** 4-19! - ----------------+----------+--------------------------+--------------------- An _EFFECTIVE_ | Insured | All matter is vibration. | Let he who hath no weapon in every | by COLT; | -- Max Plank | weapon sell his hand = Freedom | DIAL | In the beginning was the | garment and buy a on every side! | 1911-A1. | word. -- The Bible | sword.--Jesus Christ - ----------------+----------+--------------------------+--------------------- Constitutional Government is dead, LONG LIVE THE CONSTITUTION!!!!! - ---------------------------------------------------------------------------- - - ------------------------------ Date: Tue, 27 Nov 2001 01:06:10 -0800 (PST) From: Bill Vance Subject: SRA - Its Amazing What One Has To Believe... (fwd) - ----------------------- begin forwarded message from Brad3000 -----------= - ---------- Date: Tue, 27 Nov 2001 01:43:49 -0500 From: Brad3000 Subject: SRA - Its Amazing What One Has To Believe... FYI - Great read - & somewhat humorous... It's amazing what one has to believe to believe in gun control by Michael Z. Williamson http://www.KeepAndBearArms.com/information/XcIBViewItem.asp?ID=3D173 KeepAndBearArms.com =97 It's amazing what one has to believe to believe in gun control: That guns are the real cause of crime, but we will blame and jail the ow= ner of said gun for the crime, even if the owner wasn't the person involved.= That a mugger will kill you in the half-second it takes to draw from the hols= ter, but won't harm you while you dial 911 on your cell phone, talk to the dispatcher and wait half an hour for the cops to arrive. That gun control works, which is why there are no illegal weapons in Northern Ireland or Beirut. That the Second Amendment only applies to flintlocks, just as the First Amendment only applies to quills and lead = type. That the proper response to an attack is to call the police, but only un= armed police, because "Violence never settles anything." That it's wrong to ma= ke snide, sexist comments about women, unless the comments are about women who own guns. That a gun with an 11 round magazine is dangerous, but a gun with fifteen 10 round magazines is much safer. That a hijacker could easily take a gun away from a pilot, but the hundreds of passenger= s aboard would then be unable to take the gun away from the hijacker. That if there'd been a gun aboard American Airlines Flight 11, someone could have been hurt. That rapists prefer to attack armed women so they can take the guns and use them against the victims. That 1 firearm owner in 10,000 will commit an act of violence in his or her lifetime, and this is far more frightening than the 25% of drivers w= ho will cause a serious or fatal accident. That you should rely on police in lieu of your gun, just as you should r= ely on a dentist in lieu of your toothbrush. That car keys, umbrellas and hairspray are good tools for self-defense, despite the fact that police continue to carry guns. That Washington DC's low murder rate of 80.6 per 100,000 is due to strict gun control, but Arlington, Virginia's high murder rate of 1.6 pe= r 100,000 is attributable to the lack of gun control. That the depressed and emotionally disturbed should not be allowed to own guns that shoot bullets with 250 ft-lbs of energy, but should be allowed to own 4000 lb cars with 1,136,000 ft-lbs of energy (at 65 mph). That "assault weapons" are "very powerful" but big game hunters oddly prefer .30-06s and .375 H&Hs. That we should outlaw bullet proof vests so criminals can't use them, and private citizens should be then proud to be killed in the crossfire, knowing they are doing their part for society. That it's terrible when police officers plant weapons on a suspect to enable them to make an arrest, but we should have tougher laws against weapons and trust the police not to abuse them in this way. That police arriving at 80mph are a better way to stop criminals than bullets arriving at 800mph. That people buy guns as "substitute penises," because they know that only people with small penises ever get attacked by criminals. That Hitler and Stalin didn't disarm citizens, only Jews, Gypsies, gays, unionists and other "undesirables." (Yes, a liberal member of the MMM actually said this in the Washington Post.) That to properly understand Nazi gun control, one must consider the "legitimate fears" they had of the Jewish population. (This was another self-proclaimed liberal. I'm beginning to wonder.) That families with children should not be allowed to own guns for safety reasons, just as they aren't allowed to own dogs, power tools, or toxic chemicals. That it's wrong to destroy someone's life over an administrative crime by jailing them and impoverishing their family, unless that crime is to own a gun. That a law that allows someone to keep doing "X" that has been legal for years, in the face of another, badly written law that says they can'= t do "Y", is a "loophole." That it's wrong to politicize that the World Trade Center attackers didn= 't need guns to hijack a plane, but okay to politicize that the Columbine killers bought guns=85illegally. That when someone dies because they couldn't get a drug the govern- ment won't approve, it's tragic, but when someone dies because they couldn't defend themselves with a gun the government won't approve, that's just life. That a criminal is somehow more of a threat to a cop than to a regular person, so police need guns and regular citizens don't. That the "Reasonable" uses for guns are hunting and target shooting, but not self-defense. In other words, it's acceptable to use them as toys but not as lifesaving devices. That .50 caliber rifles are both "very rare" and "selling like hotcakes.= " That the fact that .50 caliber rifles are very rare justifies banning th= em, just as the rarity of Lamborghinis and other high-performance cars justifies banning them. That one has the moral obligation to make a citizen's arrest when one sees a felony in progress, and that it should be accomplished by yelling at the perpetrator, "Stop! Or I'll yell 'stop' again!" rather th= an by drawing a weapon. That intelligent people should support gun control because they realize they are too stupid to be trusted with guns. - -------------------------- Any other views expressed herein, are my own, not bought or sponsored in any shape or form, by or for any organization, currently existing or not. It should be noted: the URL posted is very likely to suddenly expire & if the reader wants to read the full article, they should should visit the copyright holders listed site very promptly. References & partial texts are given for EDUCATIONAL & INFORMATIONAL purposes only as per the "Fair Use" as described in Title-17, Sect 107 below. ---------------------------------------------------------------- **COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment to those who have expressed a prior interest in receiving the included information for nonprofit research & educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml] ---------------------------------------------------------------- - ----------------------- end forwarded message from Brad3000 -------------= - -------- - -- - -------------------------------------------------------------------------= - --- RKBA! ***** Blessings On Thee, Oh Israel! ***** 4-= 19! - ----------------+----------+--------------------------+------------------= - --- An _EFFECTIVE_ | Insured | All matter is vibration. | Let he who hath n= o weapon in every | by COLT; | -- Max Plank | weapon sell his hand =3D Freedom | DIAL | In the beginning was the | garment and buy= a on every side! | 1911-A1. | word. -- The Bible | sword.--Jesus Chr= ist - ----------------+----------+--------------------------+------------------= - --- Constitutional Government is dead, LONG LIVE THE CONSTITUTION!!!!! - -------------------------------------------------------------------------= - --- - - ------------------------------ Date: Fri, 30 Nov 2001 17:36:32 -0800 (PST) From: Bill Vance Subject: A Poster Worth Saving and Printing........... (fwd) Now here's Barney Fife, where we need him.....:-/ - -------------------- begin forwarded message from BOBWORN@aol.com -------------------- From: BOBWORN@aol.com Date: Fri, 30 Nov 2001 13:38:23 EST Subject: A Poster Worth Saving and Printing........... From: spiker@ev1.net (spiker) A poster suitable for hanging http://www.truthresources.org/faasposter.jpg - -------------------- end forwarded message from BOBWORN@aol.com -------------------- - -- - ---------------------------------------------------------------------------- RKBA! ***** Blessings On Thee, Oh Israel! ***** 4-19! - ----------------+----------+--------------------------+--------------------- An _EFFECTIVE_ | Insured | All matter is vibration. | Let he who hath no weapon in every | by COLT; | -- Max Plank | weapon sell his hand = Freedom | DIAL | In the beginning was the | garment and buy a on every side! | 1911-A1. | word. -- The Bible | sword.--Jesus Christ - ----------------+----------+--------------------------+--------------------- Constitutional Government is dead, LONG LIVE THE CONSTITUTION!!!!! - ---------------------------------------------------------------------------- - - ------------------------------ Date: Mon, 3 Dec 2001 20:15:59 -0800 (PST) From: Bill Vance Subject: [Lis-LEAF] A Dying Dream (fwd) - ----------------------- begin forwarded message from semperfidave@juno.com ----------------------- Date: Mon, 3 Dec 2001 21:25:00 -0500 Subject: [Lis-LEAF] A Dying Dream From: semperfidave@juno.com - ----- Original Message ----- From: "Tee" To: Sent: Monday, December 03, 2001 7:43 AM Subject: [Lis-LEAF] A Dying Dream http://www.anti-state.com/holmes/holmes2.html A Dying Dream by Joshua Holmes In 1990, one of the most extraordinary happenings of the decade passed with almost no record at all in the mass media. While the world was preoccupied with the Iraq-Kuwait situation, a bunch of desperately poor people living in a virtually unknown country named Somalia overthrew their government. What is not remarkable is that this happened. What is remarkable is that the people forbade anyone from setting up a new one. In effect, they abolished their government. Not surprisingly, there was a period of unrest, some of which continues to this day in the wasteland outside the cities. Warlords fought to grab whatever power they could. Unwittingly, the UN exacerbated this situation with humanitarian aid. In effect, the UN sent the thing which was most valuable to the warlords: food. To aid in their humanitarian efforts, the US sent the Marines to Somalia to clean up the warlords and allow the food to be distributed. The Somalis, however, were not as welcoming as the UN expected. The warlords and people quickly repelled the US invading forces and drove both them and the UN's food efforts out of the country. In the course of repelling the invaders, Americans were treated to images of Somalis dragging the dead bodies of US Marines through the streets in celebration. From their perspective, it was a terrific victory to kill and repel the invading American Marines. After this, the US quickly pulled its troops out, and the UN did the same with their aid. So, no aid, no government, warlords roaming the countryside...everyone starves to death, right? Not exactly. In the 8 years since the US and UN left Somalia alone, Somalia has made remarkable improvement. Crime is way down. The warlords are mostly gone from the cities (and in a hilarious turn of events, nascent businesses in Somalia have hired most of the warlords' thugs to be security officers with excellent results). Landlines for telephone service have been laid by competing telephone companies (which tanks natural monopoly theory), and cell phones have become common among the new Somali capitalists. Until last week, several phone companies had collaborated to open the first Somali ISP. Somalia was certainly no paradise on earth - Mogadishu is still a third world city - but what matters is improvement, and Somalia was improving rapidly. All of that is coming to an end, though. The US has launched its War on Terrorism, and this means attacking pretty much everything in sight. Big government conservatives are thrilled with this new development, as this gives them a chance to drop a lot of money on defense and lets them entertain their notions of holding an American Empire, as neoconservatives like Francis Fukuyama and William Kristol push for. With Afghanistan re-conquered by the Northern "Alliance", talk turns to other countries where terrorists may be. The British newspaper The Telegraph is reporting that the United Kingdom has been asked by the United States to help prepare attacks on other sites, including Somalia. However, the people of Somalia are reporting that the terrorists quickly left the training camps they held along the Somalia-Kenya border after the September 11 attacks. So what is the US planning on doing there? No doubt the governing class has been watching Somalia with extreme trepidation since the failure of the US invasion. If Somalia grows and prospers without the existence of a government, people are going to wonder why exactly they pay so much in taxes to receive the things they could just as easily and more cheaply purchase for themselves from private companies. Somalia's growth and eventual prosperity would have been a model for libertarians and anarcho-capitalists alike worldwide, living, breathing proof that a state is unnecessary for security and prosperity. This is a direct threat to the governing class and the aura of legitimacy which surrounds government. So Somalia is about to be plowed under and sowed with salt, more than likely. I feared this was likely to happen if Somalia proved itself to be stable without a government. Sadly, my fears and the fears of others like me are proving to be too true. My prayers are with the people of Somalia, that they will find a way to be safe under threat from the US military monster and that they will find a way to resist the new government the US is sure to try to set up. Ayn Rand Comes To Somalia Awdal Roads Company December 3, 2001 Liberty's Educational Advocacy Forum http://freedomlaw.com promotes "action that raises the cost of State violence for its perpetrators ... lay(ing) the basis for institutional change." [Noam Chomsky] ProPerProSe Self Help Clinic and Sovereign Law Library http://properprose.com/ Not a high-tech law firm brochure, "because a lawyer is only as smart as you make him" [Max Katz] and "the Law . . . should be accessible to every man and at all times." [Franz Kafka] For Liberty in Our Lifetime, R.J. Tavel, JD NEW: SUBSCRIBE TO Lis-LEAF the Learning Electronically About Freedom mailing service at http://freedomlaw.com/FORM.html [NOTE: You can MODIFY YOUR subscription "DELIVERY OPTIONS" which will allow you to receive the digest version or have only web access to the posts (no email). The MODERATORS WILL NOT change your profile at your request.] Subscribe: Lis-LEAF-subscribe@yahoogroups.com Unsubscribe: Lis-LEAF-unsubscribe@yahoogroups.com Shortcut URL to this page: http://groups.yahoo.com/group/Lis-LEAF - ----------------------- end forwarded message from semperfidave@juno.com ----------------------- - -- - ---------------------------------------------------------------------------- RKBA! ***** Blessings On Thee, Oh Israel! ***** 4-19! - ----------------+----------+--------------------------+--------------------- An _EFFECTIVE_ | Insured | All matter is vibration. | Let he who hath no weapon in every | by COLT; | -- Max Plank | weapon sell his hand = Freedom | DIAL | In the beginning was the | garment and buy a on every side! | 1911-A1. | word. -- The Bible | sword.--Jesus Christ - ----------------+----------+--------------------------+--------------------- Constitutional Government is dead, LONG LIVE THE CONSTITUTION!!!!! - ---------------------------------------------------------------------------- - - ------------------------------ Date: Thu, 6 Dec 2001 17:54:13 -0800 (PST) From: Bill Vance Subject: Emerson Case Being Appealed to the Supreme Court!!! (fwd) - ----------------------- begin forwarded message from Bill Phillips --------------------- From: "Bill Phillips" Subject: Emerson Case Being Appealed to the Supreme Court!!! Date: Thu, 6 Dec 2001 15:21:26 -0600 Dear Second Amendment Supporters, On Friday, November 30th the Fifth Circuit Court of Appeals rejected both of Dr. Emerson's motions for rehearings. This leaves an appeal to the United States Supreme Court as the only option for Dr. Emerson. Attorneys David Guinn and Aaron Clements are working on drafting the Appeal. This appeal is necessary because while the Fifth Circuit Court of Appeals clearly and articulately held that the Second Amendment is an individual right, Dr. Emerson is still facing federal felony charges because of an anti-gun rights prosecutor. The importance of a U.S. Supreme Court victory cannot be overstated. Such a decision is crucial to destroy the "collective rights" myth perpetrated by every gun control group and many courts without any historical analysis of the Second Amendment or its placement in the Bill of Rights. If the Second Amendment is affirmed by the highest Court as an individual right, AND the federal gun law is overturned as in the District Court decision, many other draconian gun laws could likely be ruled unconstitutional. This includes sweeping gun bans, excessive bureaucratic red tape, and arbitrary and capricious discrimination in denying licenses to name but a few of many current abuses. A victory for the individual interpretation would be especially helpful for those people living in places like California, New York, New Jersey, Washington, D.C. and Chicago. In truth, while a Fifth Circuit victory would have been helpful, it would only be binding in the states of Texas, Louisiana and Mississippi. A U.S. Supreme Court victory for Dr. Emerson would force all the lower courts throughout the country to recognize the Second Amendment as an individual right in future cases. But with this appeal comes risk. If the Supreme Court decides to take this case, the Supreme Court will write its own opinion regarding the Second Amendment. And since Dr. Emerson is appealing the decision to prevent further prosecution, it is our obligation to make sure that the gains we have made are retained in any further decisions, and hopefully they will be strengthened. To conduct a proper defense, Dr. Emerson's attorneys need funds immediately. The Second Amendment Foundation's Emerson Defense Fund and its supporters: the Fifty Caliber Shooters Policy Institute, the Washington Arms Collectors, and www.KeepAndBearArms.com have provided nearly $15,000 to Dr. Emerson's Defense already. Thank you to all who have contributed to the Emerson Defense Fund. But more is needed because the appeal to the U.S. Supreme Court is our best and only shot. I honestly can't think of another Second Amendment case in the country that could reach the U.S. Supreme Court in the near future that could be seen as favorably as the Emerson case. Emerson is literally the most important Second Amendment case in over a half century. And if we lose this appeal, then the gun grabbers will unleash the mother-of-all gun control proposals. Without the fear of the Second Amendment, their real agenda will be revealed once again -- gun bans! Please help us today, as the appeal must be filed within 90 days from the Fifth Circuits Denial and the clock is ticking. Funding for the appeal must begin right now. The SAF Emerson Defense Fund is tax-deductible and your contributions will help defend your rights of firearms ownership for you, your children and your grandchildren. Please give $1000, $500 or $100, $50, $25 or whatever you can afford to this crucial effort. This case is too important to lose for lack of funding. I repeat, the entire Emerson decision upholding the Second Amendment as an individual right is at risk in this appeal. Whether we win or lose could rest on how much people contribute to this worthy cause. Please contribute on-line today via our secure server here: https://wwws.mainstream.net/saf/contribute/contribute_form.html Or, please call 425-454-7012 to make a donation over the phone during Pacific Time Business Hours with your credit card, or send your check of money order made out to SAF Emerson Defense to the following address: SAF Emerson Defense 12500 NE 10th Place Bellevue, WA 98005 Or, you can fax a credit card donation to 425-451-3959. Please give today, as the rights you save may be your own. Sincerely, Dave LaCourse SAF Legal Affairs Director P.S. Please give today, as we must make sure that Dr. Emerson's attorneys have the support they need. Please review the press release below for more details. Thanks for your time. SECOND AMENDMENT FOUNDATION LAUNCHES THE EMERSON DEFENSE FUND For Immediate Release: Contact: Alan Gottlieb (425) 454-7012 BELLEVUE, WA - The Second Amendment Foundation has launched a defense fund to assist Dr. Timothy Joe Emerson in these continuing appeals. The move is to help preserve the stunning 5th Circuit Court of Appeals decision upholding the Second Amendment to the U.S. Constitution as an individual right. "The Emerson decision was a huge victory for all law-abiding gun owners as we finally established in a very thorough and well-researched opinion that the Second Amendment is an individual right," stated Alan Gottlieb, Founder of the Second Amendment Foundation. "Now we must fight to preserve this win in appeals and hopefully even build on the decision to make it even stronger." Because the court's decision in U.S. v Emerson was to reverse and remand a lower court ruling that cleared Dr. Timothy Joe Emerson of a federal violation of the 1994 Domestic Violence Act, Dr. Emerson's attorneys David Guinn and Aaron Clements will be appealing the portion of the decision which would force Dr. Emerson to endure a trial for a boilerplate civil divorce court restraining order that ended with the finalization of the divorce. "Continuing to prosecute Dr. Emerson for a long-since expired order is unfair and just plain wrong since Dr. Emerson has been cleared of all domestic violence related charges in state court by a jury of 9 women and 3 men in less than an hour of deliberations," reminded Gottlieb. "Until the government agrees to drop the simple possession of a firearm while subject to a civil divorce court order, both Dr. Emerson and the Second Amendment remain at risk." "I call on all the other national, state and local gun owner civil rights groups to join with the Second Amendment Foundation in funding this all-important legal battle," added Gottlieb. In the Emerson appeal decision, the 5th Circuit clearly ruled that the Second Amendment guarantees the right of an individual citizen to keep and bear private arms, "regardless of whether the particular individual is then actually a member of the militia." Writing for the majority, Judge William Garwood noted that the government's long-standing interpretation of the 1939 Miller case, that the Second Amendment merely expresses a "collective right" is not supported by the actual Miller decision. "The wisdom of this decision must be preserved," said Gottlieb. "As a leader in firearm owner civil rights defense, the Second Amendment Foundation is very proud to be working closely with Dr. Emerson's attorneys to protect the Second Amendment and hopefully end this nightmare for Dr. Emerson once and for all." The Second Amendment Foundation is the nation's oldest and largest tax-exempt education, research and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. SAF previously has funded successful firearms-related suits against the cities of Los Angeles, New Haven, CT, and San Francisco on behalf of American gun owners. Current projects include a damage action lawsuit against the cities suing gun makers, an amicus brief in support of the Emerson case holding that the Second Amendment is an individual right, a lawsuit against the Clinton gun and magazine ban and a lawsuit in Cincinnati supporting the right of self-defense carry of firearms. Please visit the best Emerson webpage at http://www.saf.org - -END- - ----------------------- end forwarded message from Bill Phillips --------------------- - -- - ---------------------------------------------------------------------------- RKBA! ***** Blessings On Thee, Oh Israel! ***** 4-19! - ----------------+----------+--------------------------+--------------------- An _EFFECTIVE_ | Insured | All matter is vibration. | Let he who hath no weapon in every | by COLT; | -- Max Plank | weapon sell his hand = Freedom | DIAL | In the beginning was the | garment and buy a on every side! | 1911-A1. | word. -- The Bible | sword.--Jesus Christ - ----------------+----------+--------------------------+--------------------- Constitutional Government is dead, LONG LIVE THE CONSTITUTION!!!!! - ---------------------------------------------------------------------------- - - ------------------------------ Date: Sun, 9 Dec 2001 16:25:11 -0800 (PST) From: Bill Vance Subject: NICS poll (fwd) - ----------------------- begin forwarded message from C. D. Tavares --------------------- Date: Sun, 9 Dec 2001 12:38:40 -0700 From: "C. D. Tavares" Subject: NICS poll >Date: Sun, 09 Dec 2001 12:14:47 -0700 >From: RDeStep >Subject: NICS poll >Sender: Right to Keep and Bear Arms in Arizona > > http://www.vote.com/vote/39208369/index.phtml?cat=4075633 > >Should Ashcroft turn over NICS check records. Gunnies have moved the >poll up to 50/50. > >This particular poll.com likes to send results to legislators and news >agencies, so, this internet vote might actually be worth something. >Please vote, and pass the poll onto your local lists. > >Rick - -- Tavares@alum.mit.edu | http://alum.mit.edu/www/tavares | RKBA! Tyrants would distribute largess -- a bushel of wheat, a gallon of wine, and a sesterce -- and then everybody would shamelessly cry, "Long live the King!" The fools did not realize that they were merely recovering a portion of their own property, and that their ruler could not have given them what they were receiving without having first taken it from them. - --ETTIENE DE LA BOETIE - ----------------------- end forwarded message from C. D. Tavares --------------------- - -- - ---------------------------------------------------------------------------- RKBA! ***** Blessings On Thee, Oh Israel! ***** 4-19! - ----------------+----------+--------------------------+--------------------- An _EFFECTIVE_ | Insured | All matter is vibration. | Let he who hath no weapon in every | by COLT; | -- Max Plank | weapon sell his hand = Freedom | DIAL | In the beginning was the | garment and buy a on every side! | 1911-A1. | word. -- The Bible | sword.--Jesus Christ - ----------------+----------+--------------------------+--------------------- Constitutional Government is dead, LONG LIVE THE CONSTITUTION!!!!! - ---------------------------------------------------------------------------- - - ------------------------------ Date: Tue, 11 Dec 2001 19:31:06 -0800 (PST) From: Bill Vance Subject: Emerson Case Being Appealed to the Supreme Court! (fwd) - ----------------------- begin forwarded message from Swftl@aol.com ----------------------- From: Swftl@aol.com Date: Tue, 11 Dec 2001 16:43:54 EST Subject: Emerson Case Being Appealed to the Supreme Court! Emerson Case Being Appealed to the Supreme Court! Date: 12/08/2001 6:37:33 PM Eastern Standard Time From: nepal@teleport.com (Paul Freedom) Reply-to: cp3@yahoogroups.com To: apfn@yahoogroups.com (American Patriot Friends Network), cp3@yahoogroups.com (Constitutional Patriots Opposing Prohibition), libnw@yahoogroups.com (libnw), militia@montana.com (militia@montana.com), News-Editorials@christiancommonlaw-gov.org (News-Editorials-christiancommonlaw), piml@yahoogroups.com (PIML) Emerson Case Being Appealed to the Supreme Court! from Dave LaCourse SAF Legal Affairs Director DaveL@l... December 6, 2001 Dear Second Amendment Supporters, On Friday, November 30th the Fifth Circuit Court of Appeals rejected both of Dr. Emerson's motions for rehearings. This leaves an appeal to the United States Supreme Court as the only option for Dr. Emerson. Attorneys David Guinn and Aaron Clements are working on drafting the Appeal. This appeal is necessary because while the Fifth Circuit Court of Appeals clearly and articulately held that the Second Amendment is an individual right, Dr. Emerson is still facing federal felony charges because of an anti-gun rights prosecutor. The importance of a U.S. Supreme Court victory cannot be overstated. Such a decision is crucial to destroy the "collective rights" myth perpetrated by every gun control group and many courts without any historical analysis of the Second Amendment or its placement in the Bill of Rights. If the Second Amendment is affirmed by the highest Court as an individual right, AND the federal gun law is overturned as in the District Court decision, many other draconian gun laws could likely be ruled unconstitutional. This includes sweeping gun bans, excessive bureaucratic red tape, and arbitrary and capricious discrimination in denying licenses to name but a few of many current abuses. A victory for the individual interpretation would be especially helpful for those people living in places like California, New York, New Jersey, Washington, D.C. and Chicago. In truth, while a Fifth Circuit victory would have been helpful, it would only be binding in the states of Texas, Louisiana and Mississippi. A U.S. Supreme Court victory for Dr. Emerson would force all the lower courts throughout the country to recognize the Second Amendment as an individual right in future cases. But with this appeal comes risk. If the Supreme Court decides to take this case, the Supreme Court will write its own opinion regarding the Second Amendment. And since Dr. Emerson is appealing the decision to prevent further prosecution, it is our obligation to make sure that the gains we have made are retained in any further decisions, and hopefully they will be strengthened. To conduct a proper defense, Dr. Emerson's attorneys need funds immediately. The Second Amendment Foundation's Emerson Defense Fund and its supporters: the Fifty Caliber Shooters Policy Institute, the Washington Arms Collectors, and KeepAndBearArms.com have provided nearly $15,000 to Dr. Emerson's Defense already. Thank you to all who have contributed to the Emerson Defense Fund. But more is needed because the appeal to the U.S. Supreme Court is our best and only shot. I honestly can't think of another Second Amendment case in the country that could reach the U.S. Supreme Court in the near future that could be seen as favorably as the Emerson case. Emerson is literally the most important Second Amendment case in over a half century. And if we lose this appeal, then the gun grabbers will unleash the mother-of-all gun control proposals. Without the fear of the Second Amendment, their real agenda will be revealed once again -- gun bans! Please help us today, as the appeal must be filed within 90 days from the Fifth Circuits Denial and the clock is ticking. Funding for the appeal must begin right now. The SAF Emerson Defense Fund is tax-deductible and your contributions will help defend your rights of firearms ownership for you, your children and your grandchildren. Please give $1000, $500 or $100, $50, $25 or whatever you can afford to this crucial effort. This case is too important to lose for lack of funding. I repeat, the entire Emerson decision upholding the Second Amendment as an individual right is at risk in this appeal. Whether we win or lose could rest on how much people contribute to this worthy cause. Please contribute on-line today via our secure server here: https://wwws.mainstream.net/saf/contribute/contribute_form.html Or, please call 425-454-7012 to make a donation over the phone during Pacific Time Business Hours with your credit card, or send your check of money order made out to SAF Emerson Defense to the following address: SAF Emerson Defense 12500 NE 10th Place Bellevue, WA 98005 Or, you can fax a credit card donation to 425-451-3959. Please give today, as the rights you save may be your own. Sincerely, Dave LaCourse SAF Legal Affairs Director P.S. Please give today, as we must make sure that Dr. Emerson's attorneys have the support they need. Please review the press release below for more details. Thanks for your time. SECOND AMENDMENT FOUNDATION LAUNCHES THE EMERSON DEFENSE FUND For Immediate Release: Contact: Alan Gottlieb (425) 454-7012 BELLEVUE, WA - The Second Amendment Foundation has launched a defense fund to assist Dr. Timothy Joe Emerson in these continuing appeals. The move is to help preserve the stunning 5th Circuit Court of Appeals decision upholding the Second Amendment to the U.S. Constitution as an individual right. "The Emerson decision was a huge victory for all law-abiding gun owners as we finally established in a very thorough and well-researched opinion that the Second Amendment is an individual right," stated Alan Gottlieb, Founder of the Second Amendment Foundation. "Now we must fight to preserve this win in appeals and hopefully even build on the decision to make it even stronger." Because the court's decision in U.S. v Emerson was to reverse and remand a lower court ruling that cleared Dr. Timothy Joe Emerson of a federal violation of the 1994 Domestic Violence Act, Dr. Emerson's attorneys David Guinn and Aaron Clements will be appealing the portion of the decision which would force Dr. Emerson to endure a trial for a boilerplate civil divorce court restraining order that ended with the finalization of the divorce. "Continuing to prosecute Dr. Emerson for a long-since expired order is unfair and just plain wrong since Dr. Emerson has been cleared of all domestic violence related charges in state court by a jury of 9 women and 3 men in less than an hour of deliberations," reminded Gottlieb. "Until the government agrees to drop the simple possession of a firearm while subject to a civil divorce court order, both Dr. Emerson and the Second Amendment remain at risk." "I call on all the other national, state and local gun owner civil rights groups to join with the Second Amendment Foundation in funding this all-important legal battle," added Gottlieb. In the Emerson appeal decision, the 5th Circuit clearly ruled that the Second Amendment guarantees the right of an individual citizen to keep and bear private arms, "regardless of whether the particular individual is then actually a member of the militia." Writing for the majority, Judge William Garwood noted that the government's long-standing interpretation of the 1939 Miller case, that the Second Amendment merely expresses a "collective right" is not supported by the actual Miller decision. "The wisdom of this decision must be preserved," said Gottlieb. "As a leader in firearm owner civil rights defense, the Second Amendment Foundation is very proud to be working closely with Dr. Emerson's attorneys to protect the Second Amendment and hopefully end this nightmare for Dr. Emerson once and for all." The Second Amendment Foundation is the nation's oldest and largest tax-exempt education, research and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. SAF previously has funded successful firearms-related suits against the cities of Los Angeles, New Haven, CT, and San Francisco on behalf of American gun owners. Current projects include a damage action lawsuit against the cities suing gun makers, an amicus brief in support of the Emerson case holding that the Second Amendment is an individual right, a lawsuit against the Clinton gun and magazine ban and a lawsuit in Cincinnati supporting the right of self-defense carry of firearms. Please visit the best Emerson webpage at http://www.saf.org. - ----------------------- end forwarded message from Swftl@aol.com ----------------------- - -- - ---------------------------------------------------------------------------- RKBA! ***** Blessings On Thee, Oh Israel! ***** 4-19! - ----------------+----------+--------------------------+--------------------- An _EFFECTIVE_ | Insured | All matter is vibration. | Let he who hath no weapon in every | by COLT; | -- Max Plank | weapon sell his hand = Freedom | DIAL | In the beginning was the | garment and buy a on every side! | 1911-A1. | word. -- The Bible | sword.--Jesus Christ - ----------------+----------+--------------------------+--------------------- Constitutional Government is dead, LONG LIVE THE CONSTITUTION!!!!! - ---------------------------------------------------------------------------- - - ------------------------------ End of roc-digest V2 #476 *************************