From: owner-utah-firearms-digest@lists.xmission.com (utah-firearms-digest) To: utah-firearms-digest@lists.xmission.com Subject: utah-firearms-digest V2 #185 Reply-To: utah-firearms-digest Sender: owner-utah-firearms-digest@lists.xmission.com Errors-To: owner-utah-firearms-digest@lists.xmission.com Precedence: bulk utah-firearms-digest Monday, March 27 2000 Volume 02 : Number 185 ---------------------------------------------------------------------- Date: Fri, 17 Mar 2000 15:28:14 -0700 From: "Karl Pearson" Subject: Smith & Wesson Compromises In an attempt to placate the wolves in leopard skin tights, Smith and Wesson has been reported by Infobeat Email Newsletter services. Given the current political environment of the country and the foolishness of the legal systems (why don't the sue FORD for traffic accidents?) I can't say I blame S&W for this approach. Too bad they did it, but they seem to have postponed legal action (for now). KLP *** Smith & Wesson OKs safety locks WASHINGTON (AP) - The nation's largest gun manufacturer, Smith & Wesson, has agreed to provide safety locks on its handguns within 60 days and to make them child-resistant within a year, the Clinton administration announced Friday. Under the unprecedented deal reached with the company by the departments of Housing and Urban Development and Treasury and officials representing state and local governments, Smith & Wesson agreed to a "code of conduct" for sales and distribution of handguns. In exchange for its commitments toward advancing gun safety, Smith & Wesson won an agreement by the federal, state and local governments to dismiss pending suits against it or refrain from filing new suits. The administration had been threatening to bring a national lawsuit against the industry if manufacturers failed to enter negotiations aimed at increasing gun safety. See http://www.infobeat.com/stories/cgi/story.cgi?id=2565029832-57e - - ------------------------------ Date: Fri, 17 Mar 2000 15:30:05 -0700 From: "Karl Pearson" Subject: Humor: Comeback Line A defense attorney was cross-examining a police officer during a felony trial -- it went like this: Q. Officer, did you see my client fleeing the scene? A. No sir, but I subsequently observed a person matching the description of the offender running several blocks away. Q. Officer, who provided this description? A. The officer who responded to the scene. Q. A fellow officer provided the description of this so-called offender. Do you trust your fellow officers? A. Yes sir, with my life. Q. With your life? Let me ask you this then officer -- do you have a locker room in the police station -- a room where you change your clothes in preparation for your daily duties? A. Yes sir, we do. Q. And do you have a locker in that room? A. Yes sir, I do. Q. And do you have a lock on your locker? A. Yes sir. Q. Now why is it, officer, if you trust your fellow officers with your life, that you find it necessary to lock your locker in a room you share with those same officers? A. You see sir, we share the building with a court complex, and sometimes lawyers have been known to walk through that room. With that, the courtroom erupted in laughter, and a prompt recess was called. The officer on the stand has been nominated for this year's "Best Comeback" line. - - ------------------------------ Date: Sat, 18 Mar 2000 08:41:36 -0700 From: Scott Bergeson Subject: Agreement Between S&W and the HUD,Local Governments and States Pardon my naivete, but why can't an injunction or some sort of civil relief from this "agreement" be obtained against HUD and S&W on the grounds that it is in violation of the 2nd Amendment? Scott - ----- Subject: Agreement Between S&W and the HUD,Local Governments and States Date: Sat, 18 Mar 2000 07:21:08 -0800 From: "Mark A. Smith" CC: "L & J" If you haven't seen it yet, here is direct from the horses mouth (HUD), the agreement with S&W. Mark http://www.hud.gov/pressrel/gunagree.html AGREEMENT BETWEEN SMITH & WESSON AND THE DEPARTMENTS OF THE TREASURY AND HOUSING AND URBAN DEVELOPMENT, LOCAL GOVERNMENTS AND STATES SUMMARY OF TERMS Preamble: The city, state, county and federal parties agree to dismiss the parties from the pending suits and refrain from filing suits against the manufacturer parties based on an equivalent cause of action. SAFETY AND DESIGN All handguns must meet the following safety and design standards: * Second "hidden" serial number, to prevent criminals from obliterating serial numbers. * External locking device sold with all guns within 60 days. * Internal locking device on all guns within 24 months. * Smart Guns -- Authorized User Technology. o Manufacturers commit 2% of annual firearms revenues to the development of authorized user technology. o Within 36 months, authorized user technology will be included in all new firearm models, with the exception of curios and collectors’ firearms. o If top eight manufacturers agree, authorized user technology will be included in all new firearms. * Child Safety. Within 12 months, handguns will be designed so they cannot be readily operated by a child under 6. * Performance test. All firearms will be subject to a performance test to ensure safety and quality. * Drop test. All firearms will be subject to a test to ensure they do not fire when dropped. All pistols must meet the following additional requirements: * Safety device. Positive manually operated safety device. * Magazine disconnectors must be available on all pistols to customers who desire the feature, within 12 months. * Chamber load indicators on all pistols, showing whether the pistol is loaded, within 12 months. * Large capacity magazines. New firearm designs will not be able to accept large-capacity magazines that were manufactured prior to September 1994. (Manufacture of such magazines has been prohibited since that date.) Law enforcement and military exception. If law enforcement agencies or the military certify the need, exceptions to these requirements may be made. Manufacturers will ask that these guns not be resold to the civilian market. Warnings about safe storage and handling included with all firearms within six months. Illegal firearms. Manufacturers will not sell firearms that can readily be converted into fully automatic weapons or that are resistant to fingerprints. SALES AND DISTRIBUTION Code of Conduct. The manufacturers will sell only to authorized dealers and distributors and allow their authorized distributors to sell only to authorized dealers. Authorized dealers and distributors will agree to a code of conduct. If manufacturers receive notice of a violation by an authorized dealer or distributor, they will take action against the dealer or distributor, including termination of sales to the dealer or distributor. The Oversight Commission will review such actions and have authority to require termination or suspension if warranted. The code of conduct will require authorized dealers and distributors to: * Gun shows: make no gun show sales unless all sales at the gun show are completed only after a background check. * Brady checks: wait as long as necessary for a completed Brady check showing that the purchaser is not a felon or otherwise prohibited before selling a gun to the purchaser. * Safety training for purchasers: transfer firearms only to individuals who have passed certified safety course or exam and demonstrate to purchasers how to use all safety devices and how to load, unload, and safely store the firearm before completing the sale. * Multiple handgun sales: all purchasers of multiple handguns to take only one handgun from the store on the day of sale, at which point a multiple sales report will be filed with ATF. The remainder of the guns can only be collected after 14 days. * Employee training: require all employees to attend ATF-approved training and to pass a exam on firearms laws, straw purchasers, illegal trafficking indicators, and gun safety. * Insurance: carry liability insurance where available, with a minimum coverage of $1 million for each incident. * Inventory control: maintain an electronic inventory tracking plan within 24 months * Security: implement a security plan for securing firearms. * Child access: require persons under 18 to be accompanied by adults in gun stores or gun sections of stores. * Weapons attractive to criminals: not sell large capacity magazines or semiautomatic assault weapons. * Compliance: provide law enforcement, government regulators, and the Oversight Commission established in this Agreement with access to documents necessary to determine compliance; cooperate fully in the Agreement’s Oversight mechanism. * Crime gun traces: maintain an electronic record of all ATF trace requests and report trace requests to manufacturers. * Indicted dealers: forgo firearms sales to licensed dealers known to be under indictment. * Straw purchasers: not to make sales to straw purchasers. Manufacturer commitments. Manufacturers will: * Provide quarterly sales data to ATF. * Not market guns in any manner designed to appeal to juveniles or criminals. * Refrain from selling any modified/sporterized semi-automatic pistol of type that cannot be imported into U.S. * Reaffirm policy of not placing advertisements in vicinity of schools, high crime zones, and public housing. * Implement a security plan for securing firearms. * Designate an officer to ensure compliance with the Agreement. Corporate responsibility for crime gun traces. If an authorized dealer or distributor has a disproportionate number of crime guns traced to it within three years of sale, the manufacturers will take action, including possible termination or suspension, against the dealer or distributor. The Oversight Commission will review such actions and have authority to require termination or suspension if warranted. Oversight Commission will be established and empowered to oversee implementation of the Agreement. The Commission will have five members selected as follows: one by manufacturers; two by city and county parties; one by state parties; one by ATF. The Commission’s powers will include the authority to review compliance with the design and safety requirements, review the safety and training program for dealer and distributor employees, review manufacturer actions against dealers or distributors that violate the Agreement or have a disproportionate number of crime gun traces, and require suspension or termination if warranted. Role of ATF. To the extent consistent with law, ATF will work with manufacturers and the Oversight Commission to assist them in meeting obligations under the Agreement. ATF will notify the Oversight Commission of certain violations of the Agreement by distributors and dealers if it uncovers such violations. Ballistics Imaging. Within six months, if technologically available, manufacturers will fire all firearms before sale and will enter the digital image of the casings in a system compatible with the National Integrated Ballistics Identification Network and accessible to ATF. This will enable law enforcement to trace crime guns when only the bullets or casings are recovered. Access 2000. Manufacturers shall participate in ATF’s Access 2000 program, which establishes electronic links with ATF and enables high-speed tracing of crime guns. Legislation. The parties will work together to support legislative efforts to reduce firearm misuse and the development of authorized user technology. Education trust fund. Upon resolution of all current city, state, and county lawsuits, manufacturers will dedicate 1% of overall firearms revenues to an education trust fund. Most favored entity. If other manufacturers enter agreements with more expansive design and distribution reforms, and those manufacturers, along with the manufacturer parties to this Agreement, account for fifty percent or more of United States handgun sales, the manufacturer parties to this Agreement will agree to abide by the same reforms. Enforcement. The Agreement will be entered into and enforceable as a court order and as a contract. - - ------------------------------ Date: Sat, 18 Mar 2000 11:41:37 -0700 From: Scott Bergeson Subject: FW: SUING CITIES THAT ARE SUING GUN MANUFACTURERS - ----- Subject: SUING CITIES THAT ARE SUING GUN MANUFACTURERS Date: Fri, 17 Mar 2000 20:32:46 -0500 From: "Weldon Clark" To: 2nd-Amendment-News@frostbit.com OPEN LETTER FROM TEXAS REP. SUZANNA HUPP, et-al Friends of the Second Amendment: During the 76th Session of the Texas Legislature, Representatives Suzanna Hupp, Rick Green, Ron Clark, Bob Turner, Ron Wilson, and Senator Lindsay passed S.B. 717 to prohibit Texas cities from suing the gun manufacturers. Despite our efforts here in Texas, 28 cities across the U.S. have filed frivolous lawsuits against the gun manufacturers in an effort to achieve gun control through the courts and bankrupt the industry. Such lawsuits threaten the viability of gun stores in Texas and across the nation. Colt Manufacturing has already announced that because of the lawsuits they will no longer sell handguns to the civilian public. In addition, Colt is in the process of buying H&K manufacturing and has said that once the purchase is complete, H&K will no longer sell handguns to the public. Most recently, Smith & Wesson has announced it is up for sale. The events that have transpired as a direct result of the lawsuits against the gun industry do not bode well for gun dealers or gun owners. As such, we and a few other Texas legislators have concluded that more must be done to stop the assault on our constitutional rights. After consulting legal experts, we have concluded that legal action can and should be taken against the cities that have conspired to deprive us of our rights. We are in the process of drafting a complaint that will be filed in a federal district court in Texas. We will have at least four state representatives who will sue on behalf of themselves and their constituents alleging that the cities have conspired to violate their right to keep and bear arms by using the courts to impose gun control and threaten the gun industry with bankruptcy. In addition, several Texas gun stores will be plaintiffs in the lawsuit because of the cities' attempt to interfere with the gun stores' ability to participate in interstate commerce - a right that is protected by the Commerce Clause of the U.S. Constitution. The right to keep and bear arms and the right to participate in interstate commerce are fundamental rights that must be protected. The mayors of the cities, empowered by the statutes creating their offices and by ordinances and resolutions passed by the city councils, have acted to deprive Texas citizens and gun stores of their protected rights and should be held accountable in a court of law. As you can well imagine, such a lawsuit will be an enormous undertaking that will tax the resources of the plaintiffs and attorneys who choose to participate in the lawsuit. As such, we are asking that every freedom loving American make a donation to our legal fund, so that we can move forward with the lawsuit and defend our Constitution from further abuse. If you are willing to contribute or would like more information, please contact our public relations director, Trey Blocker, at: TreyBlocker@libertydefense.com Contributions can be mailed to: Civil Liberties Defense Foundation ATTN: Trey Blocker - Executive Director P.O. Box 163653 Austin, Texas 78716-3653 (512) 476-0419 Or visit their website at http://www.libertydefense.com Tell him how much you are able to contribute and how he can best contact you. Thank you for your assistance in this great effort to avert a constitutional crisis. Sincerely, Suzanna Hupp Texas State Representative District 54 Rick Green Texas State Representative District 46 Moving Forward! Civil Liberties Defense Foundation Lawsuit! By Chris W. Stark - Director GUN OWNERS ALLIANCE The Texas "Civil Liberties Defense Foundation" lawsuit, is moving forward and picking up more plaintiffs along the way. Following is a complete list (as of 10 March 2000) of Texas legislators who will be plaintiffs in the lawsuit against the cities trying to take away our 2nd Amendment rights. If your Representative or Senator is not on this list, pick up the phone and encourage them to join the lawsuit and help protect the right of Texans and all Americans to keep and bear arms. Phone numbers for your legislators can be found at http://www.capitol.state.tx.us/ To read our previous alerts regarding the Civil Liberties Defense Foundation Lawsuit, go to http://www.goa-texas.org/TX_lawsuit.htm If your legislator IS on the list below, pick up the phone and thank him or her for standing up for your 2nd Amendment rights: Rep. Leo Berman http://www.house.state.tx.us/house/dist6/dist6.htm Rep. Fred Brown http://www.house.state.tx.us/house/dist14/dist14.htm Rep. Wayne Christian http://www.house.state.tx.us/house/dist9/dist9.htm Rep. Mary Denny http://www.house.state.tx.us/house/dist63/dist63.htm Rep. Rick Green http://www.house.state.tx.us/house/dist46/dist46.htm Rep. Charlie Howard http://www.house.state.tx.us/house/dist26/dist26.htm Rep. Suzanna Hupp http://www.house.state.tx.us/house/dist54/dist54.htm Rep. Carl Isett http://www.house.state.tx.us/house/dist84/dist84.htm Rep. Todd Smith http://www.house.state.tx.us/house/dist92/dist92.htm Rep. Robert Talton http://www.house.state.tx.us/house/dist144/dist144.htm Rep. Ron Wilson http://www.house.state.tx.us/house/dist131/dist131.htm Rep. Arlene Wohlgemuth http://www.house.state.tx.us/house/dist58/dist58.htm Former Texas Senator Jerry Patterson jpatterson@tahp.org Rep. Suzanna Hupp - Rare Defender of the 2nd Amendment By Chris W. Stark - Director GUN OWNERS ALLIANCE Dear Second Amendment Supporters, This week, Texas State Representative Suzanna Gratia Hupp appeared on Nightline to debate anti-Second Amendment advocate Congresswoman Carolyn McCarthy. During this debate Suzanna Hupp continued to demonstrate her courage to stand up to the anti-Second Amendment radicals and refused to follow the politically correct positions of the media. Her appearance has drawn quite a response from the left-wing radicals. Common decency and local ordinances against vulgarity do not permit me to share with you some of the dissenting opinions that have been expressed to Suzanna Hupp and her staff. For those of you not familiar with Ms. McCarthy, her husband was killed in the Long Island Rail shooting, which transformed her into a vehement anti-gun proponent. The anti-Second Amendment radicals do not hesitate to use her to promote their unconstitutional agenda. Fortunately, we have an even more effective spokesperson for our cause. Representative Hupp watched helplessly as a madman murdered both of her parents and 21 others in the Luby's Massacre in Killeen, Texas in 1991. After that point, she became a staunch Second Amendment advocate, and was instrumental, in the passage of the Texas concealed-carry law in 1995. In fact, Suzanna Hupp has worked nationwide appearing in many state capitols fighting for our Second Amendment right. You can listen to her testimony on real audio, by following the link at http://www.goa-texas.org/hupp-7.htm In 1996, she ran for state representative on the platform that she would continue to protect and expand the rights of gun owners in Texas and across the nation. She has worked hard to make the concealed-carry law more effective, and in 1999, she helped pass S.B. 717 prohibiting Texas cities from joining anti-Second Amendment advocates in suing the gun manufacturers. To see her tireless work in 1999, go to http://www.goa-texas.org/Texas76th.htm for most of the pro- gun legislation for the 76th Legislature, was offered by her. In late 1999, she and several other state legislators formed the Civil Liberties Defense Foundation for the purpose of filing a lawsuit against the cities that have sued the gun manufacturers for conspiring to violate our Second Amendment rights and force the gun industry out of business. Legislators such as Suzanna Hupp don't come around very often. As such, we must do everything that we can to insure that she is reelected to her office. Her courageous appearance on Nightline and numerous other media outlets defending the Second Amendment with truth and conviction has raised the concern of our anti-Second Amendment opponents. Her stand on this issue is known in the anti-gun community from coast to coast and there is no doubt that they will attempt to silence her by trying to defeat her in the fall general election. We cannot afford to allow the anti-Second Amendment radicals to silence one of our most courageous, outspoken Constitutional advocates. Suzanna Hupp has always had the guts to speak the truth in the face of the politically correct media. Now we must have the guts to do what we can to keep her fighting for us. We need Suzanna Hupp defending our rights not only in the halls of government, but more importantly, we need Suzanna Hupp defending our rights in the halls of public opinion. I urge you, regardless of where you live and where you vote to support our national heritage, the Second Amendment, and freedom by helping Representative Hupp get reelected in November. Please send your contribution to the Suzanna Hupp Campaign at P.O. Box 273, Kempner, Texas 76539. You can also request information on Suzanna Hupp and her campaign from her political advisor at jodywithers@yahoo.com. With Respect, Gun Owners Alliance Chris W. Stark - Director ************************************************************* from The 2ndAmendmentNews Team If you received this as a forward and wish to join please send: E-Mail to listserver@frostbit.com with the following text in the message body: SUBSCRIBE 2nd-Amendment-News Feel free to forward our alerts. - - ------------------------------ Date: Wed, 22 Mar 2000 10:59:43 -0700 From: "Karl Pearson" Subject: FW: Compromise I sent the following email to Smith and Wesson. No response yet. Any comments? Karl L. Pearson Senior uniVerse Database Analyst Senior Unix/NT/Win Analyst karlp@colubs.com - -----Original Message----- From: Karl Pearson [mailto:karlp@colubs.com] Sent: Tuesday, March 21, 2000 5:49 PM To: ceo@smith-wesson.com Cc: qa@smith-wesson.com Subject: Compromise As a life-time shooter, and a FORMER owner of 2 fine Smith and Wesson 38 revolvers, I regret to inform you that I will no longer purchase anything from Smith and Wesson or its affiliates. Your apparent total capitulation to the socialist government democrats is indicative of your lack of trust for the common man. You are also starting a path that will lead to your demise as a viable self-protection provider. Good bye and good luck, Karl L. Pearson Senior uniVerse Database Analyst Senior Unix/NT/Win Analyst karlp@ut.colubs.com - - ------------------------------ Date: Wed, 22 Mar 2000 15:46:26 -0700 From: "Karl Pearson" Subject: InfoBeat News - Afternoon Edition @ 03/22/2000 I've cut all but one story from this edition. Amazing how public officials will ignore even empirical data when they are shown to have made a mistake, especially one where lives are being forfeited. KLP *** Australia rejects NRA claims SYDNEY, Australia (AP) - Australian officials demanded Wednesday that the National Rifle Association pull a video airing on its Web site claiming that the nation's gun reform laws had backfired. The video, presented as a television news story, claims that crimes involving guns have increased in Australia since the laws, which ban all semi-automatic rifles, semi-automatic shotguns and pump action shotguns, were introduced. Federal Attorney General Daryl Williams said the NRA was using inaccurate statistics and urged the group to remove "any reference to Australia" from its Web site. "I find it quite offensive that the NRA is using the very successful gun reform laws introduced in 1996 as the basis for promoting ownership of firearms in the United States," he said. See http://www.infobeat.com/stories/cgi/story.cgi?id=2565133441-b39 - - ------------------------------ Date: Fri, 24 Mar 2000 08:12:01 -0700 From: "larry larsen" Subject: Smith and Wesson Greetings To All, I called S&W and talked with a rep, (he is an actual employee for 23 years manning the hot line). He is very worried that the wrong impression of what S&W did will be taken by gun buyers. He feels, or has been told by someone, that this is the only way to avoid bankruptcy by the government in the future. He advised that I read the agreement, http://www.hud.gov/pressrel/gunagree.html before making up my mind. After reading the agreement I say they caved in, and are not worthy of my money for a purchase of any product they sell, or service they claim to render. Larry "Courage, not compromise, brings the smile of God's approval." Thomas S. Monson (Ensign, November 1986, page 41) - - ------------------------------ Date: Mon, 27 Mar 2000 08:47:05 -0700 From: charles hardy Subject: Neighborhood caucas meetings held this evening; Please attend. The following information is provided by Sarah Thompson of UTGuns. Please take the time to attend you caucas (formerly "Mass") meeting tonight and run for, or at least support pro-liberty candidates for, State deleagate, county delegate, and precinct chair. Information on where your caucas meeting will be held can be found in Sunay's (March 26th) Deseret News, by calling the county HQ of your political party, or by using the web links in the following message. ================================================================== Charles C. Hardy Utah Email Coordinator--Women Against Gun Control Today's the day! Caucus meetings are THIS EVENING - MONDAY at 7 PM! This is the most important election you will participate in for the next several years! We now have the chance to choose GOOD, PRINCIPLED, PRO-LIBERTY candidates for Governor, US Senator, US House, Attorney General, Utah House, half the Utah Senators, County officials and others. Once "establishment" politicians, beholden to special interests get nominated it will be too late to change things, and we will once again have to choose between "the lesser of two evils". NOW is the time to act! PLEASE ATTEND YOUR CAUCUS MEETING THIS EVENING! The rewards for spending a small amount of time at your precinct meeting are great. THINGS TO DO TODAY! 1. If you don't already know where your caucus meeting will be held, find out as soon as possible. See http://www.utguns.freeservers.com/caucus.html. If your precinct still doesn't have a host, volunteer to host it. (We will help you learn what you need to know!) 2. Call your like-minded neighbors and friends and invite them to attend. Even if you have already invited them, call and remind them to attend and ask if there's anything you can do to help them. Offer to assist with car-pooling, child care, etc. 3. If there is a candidate (or candidates) you support, call them and ask what you can do to help, and if they know others in your precinct with whom you can work. 4. Wherever possible, decide BEFORE the meeting who will run for each position. (This is not always possible, of course!) Your goal is to make sure that ONE pro-liberty person runs for EACH available position - no more, no less! So if there are two state delegates in your precinct, only TWO pro-rights people should run. (There will likely be other liberal candidates, of course!) 5. ATTEND THE CAUCUS MEETING! Arrive at your caucus about 6:45 PM. 6. Make sure your precinct chair follows the rules and the proper order for the meeting. This order is: 1) Welcome, 2) Sign-in, 3) Call to order, 4) Prayer and Pledge, 5) Read the Platform, 6) Collect Donations/Pledges, 7) Elect Precinct Officers, 8) Elect County and State Delegates, 9) Explain Check-a-Buck, 10) Collect e-mail addresses, 11) Ask for Election Judges, and 12) Wrap-up and adjournment. If your precinct chair deviates from this order, you should insist that he follow the printed agenda. The proper way to do this is to "call for the order of the day", but don't worry about being technical. It requires a 2/3 vote of ALL present to "suspend" the rules, and change the agenda. Your precinct chair should also verify that each attendee is a registered voter who lives in your precinct. (Those who are not yet registered must do so at the caucus.) 7. All voting for delegates and precinct officers must be done by secret ballot. The only exception is an uncontested race. (Where only two people are running for two positions for example.) Voting must be done for ONE position at a time. (For example, you can vote for both state delegates at the same time, but you cannot vote for precinct chair and county delegate at the same time.) This means you cannot legally vote to "let everyone keep his current position". A 2/3 vote of all present is needed to change the voting rules. Each candidate needs a MAJORITY of all persons voting to win. (For details see: http://www.utguns.freeservers.com/legalerts032400delinfo.html 8. Never vote for anyone who isn't a pro-liberty candidate. For example, if there are two delegate positions, and there is only one good candidate, vote ONLY for that one person - even if you have two votes. 7. Run for, and get elected to, as many offices as you can. You can be elected a precinct officer, a state delegate, and a county delegate. Your goal is to get pro-rights people elected to ALL offices. 8. Always be polite but assertive. Your job is to stand up for your rights and insist on fair elections - not to "be charitable". This does not mean you should be rude or offensive to your friends and neighbors! 9. Dress appropriately! You do not need to be formal, but you should be neat, clean, and well-groomed. If you want your neighbors to trust you with an elected position, you need to "look the part". 10. If you are hosting a caucus, provide light refreshments for your neighbors. For more information, details, etc. see the following: http://www.utguns.freeservers.com/delegate.html http://www.utguns.freeservers.com/legalerts032400delinfo.html If you have questions, need information, or need help finding caucus locations, call Sarah Thompson 801-566-1067. Other people you can call... Weber County: Arnold Gaunt, 801-621-3122 Davis County: Dave Hansen, 801-544-2744 Utah County: Tom Draschil, 800-725-6195 If you've ever wished you could "really make a difference", NOW is you chance! Please don't let this golden opportunity pass you by. In less than 24 hours, it will be too late! Act now to protect YOUR rights! Thank you to all of you who have called, written, attended delegate training, and helped to spread the word. To all of our candidates for elective office, and all of you running for delegate positions and precinct offices - GOOD LUCK! Please call or write and let us know how you do! Sarah Leg-alerts is written and distributed by Sarah Thompson, M.D. All information contained in these alerts is the responsibility of the author, unless otherwise attributed. Leg-alerts can also be found at UTGuns, http://www.UTguns.freeservers.com. Please check out the new site! This is a one-way list. Please do NOT try to post to the list. It won't work, and repeat violations will result in your removal from the list. Comments may be sent to me at righter@therighter.com. Thanks! Permission is granted for distribution of these alerts so long as no changes are made and this message is left intact. To subscribe/unsubscribe from leg-alerts, send a message to: majordomo@aros.net In the body put: subscribe (or unsubscribe) leg-alerts ________________________________________________________________ YOU'RE PAYING TOO MUCH FOR THE INTERNET! Juno now offers FREE Internet Access! Try it today - there's no risk! For your FREE software, visit: http://dl.www.juno.com/get/tagj. - - ------------------------------ Date: Mon, 27 Mar 2000 15:38:53 -0700 From: charles hardy Subject: Anti-self-defense petition has a toll free number for more info. This is from today's SL Tribune . I plan to call the number and request some information from them. On the one hand, I want to make absolutely sure that I haven't missed any facts in making my decision on this issue. ;) On the other hand, every phone call and piece of material they spend time and money on responding to those of us who will judge the material based solely on facts rather than emotion, paranoia, hyperbole, etc, is that much less time and money they have to reach those who might be swayed by anything other than facts. Fight Over Guns Returns to State Capitol Monday, March 27, 2000 BY MICHAEL VIGH and JUDY FAHYS THE SALT LAKE TRIBUNE About 100 people gathered at the state Capitol on Saturday to promote a cause lawmakers refused to support: outlawing virtually all guns in schools, universities and places of worship. [...] The coalition also established a toll-free number for petition inquiries. Registered voters who are interested should dial (877) 406-0835 for information. ================================================================== Charles C. Hardy Utah Email Coordinator--Women Against Gun Control ________________________________________________________________ YOU'RE PAYING TOO MUCH FOR THE INTERNET! Juno now offers FREE Internet Access! Try it today - there's no risk! For your FREE software, visit: http://dl.www.juno.com/get/tagj. - - ------------------------------ Date: Mon, 27 Mar 2000 15:50:01 -0700 From: "Karl Pearson" Subject: The Use Of Deadly Force I received this from a friend of mine who is trained in the use of knives for self defense but has yet to receive a CCW permit. This information was covered in the CCW class I took but am wondering if anyone with a legal background has further information that could be helpful in determining if this is totally correct information. If so, here's an FYI. Thanks, Karl L. Pearson Senior uniVerse Database Analyst Senior Unix/NT/Win Analyst karlp@ut.colubs.com From: "Fundamentals of Defensive Shooting" by John Farnam: There are four elements to legitimate self defense, and they must all be present simultaneously in order for there to be a situation where deadly self-defensive actions are warranted. They are: I. Ability II. Opportunity III. Manifest Intent (Imminent Jeopardy) IV. Preclusion I. Ability An "ability" is simply an injurious capacity. It usually manifests itself in the form of a weapon of some sort, but not always. Serious injury can be inflicted by many individuals using no weapon at all. The person you applied deadly force against must have been "able" to kill you or inflict serious bodily harm. Threats alone do not suffice, unless he had the ability in hand to carry them out. If you were attacked by a person much larger than yourself, or by someone using martial arts techniques, or several individuals at the same time, you may reasonably conclude that he/they had the ability to seriously injure or kill you, even though they may have been technically "unarmed." Disparity in size, age, strength, sex, and the level of aggressiveness of the involved parties are all important matters when considering the element of "ability." II. Opportunity When considering the element of "opportunity," we must have a situation where this attacker, in addition to having an "ability," was also in a position to bring the destructive powers of his ability to bear effectively upon you. The question is, were you within the effective range of his weapon(s)? For example, a knife or bludgeon is harmless in the hands of someone standing twenty meters away from you, yet either can be deadly if the person is standing within arm's reach, or is several meters away but closing fast. A firearm, on the other hand, is considered deadly at any range. III. Manifest Intent (Imminent Jeopardy) You are in "imminent jeopardy" when the attacker unmistakably indicates, by words and/or actions, that it is his intention to kill or seriously injure you, and further, that he intends to do so at once. Your are not permitted to use deadly force to defend yourself against nebulous threats. The danger must be mortal and imminent. It must appear that the circumstances were sufficient to occasion the legitimate fears of a reasonable person, and that you acted under the influence of those fears, not in a spirit of vengeance or criminal assault. When a person has reasonable grounds for believing, and does in fact actually believe, that the danger of his being killed or seriously injured is imminent, he is permitted by law to act in self-defense based on those appearances even, if necessary, to the extent of using lethal force. This is true even if it turns out that the appearances were misleading and the person was thus honestly mistaken as to the real extent of the danger. It is for the jury to decide whether appearances of danger were sufficient so as to justify the defensive actions that were taken. No one is expected to wait until they have absolute and incontrovertible knowledge that a threat is real. However, there must be an overt act coupled with that threat. The point is, it does no matter if your attacker's "weapon" later proves to be a toy, or non-functional, or unloaded. So long as, under the circumstances, you had good reason to believe (reasonable belief) that the weapon was real and functional and that he intended to use it to harm you forthwith, your defensive actions will likely be considered reasonable and appropriate. Remember, you will be judged only with regard to what you knew and reasonably believed to be true at the time. You will not be judged based upon facts and circumstances of which you had no cognizance. "Intent" is, after all, a mental process. We therefor cannot perceive intent directly. We can only infer it from the person's actions and/or words. Accordingly, it is an error to say, "He was going to kill me." How do you know? Are you a prophet, or mind-reader? The fact is that you don't know what was going through his mind. The correct way to phrase it is: "It looked as if he was going to kill me." That way, you correctly identify your motivating factor as his actions, which you can see, not his thoughts, which you cannot see. Intent is not strictly necessary for imminent jeopardy to be present. You can, for example, be placed in lethal danger by an individual acting with extreme carelessness but who may have no specific intention of harming you. IV. Preclusion "Preclusion" simply means that all other options were precluded. In other words, you used deadly force only as a last, desperate resort. The jury must be persuaded that, under the circumstances, you had no logical or reasonable alternative but to use deadly force to defend yourself. Generally, the more self-restraint you use, the more "reasonable" your actions will look. In fact, "self-restraint" is a key word, particularly if you used a firearm. It is desirable for the jury to see your actions as judicious, restrained, reasonable, and retrogressive. They should believe you made every reasonable effort to abate the situation, even including the use of non-lethal force, before finally resorting to the use of deadly force. Conversely, they should see your attacker's actions as precipitous, unwarranted, barbaric, and unconscionable. Some states require preclusion as a component of legitimate self-defense. Some more liberally-inclined state legislatures have even based "mandatory retreat laws." In general, the require a person to retreat from an attack, rather than use deadly force to repel it, even when the person attacked otherwise has a right to be where he is. Generally, mandatory retreat laws apply to every situation, except when the victim is in his own home. The outcome of criminal and civil court proceeding alike is often determined not so much by how a particular law is written, as it is by "courtroom poker." The winner is usually the one who can cause a jury to be sympathetic to his side, and preclusion is often the magic ingredient. The decision to use deadly force always hinges upon a balance of two opposing imperatives: risk exposure and restraint. Exposure to risk is, of course, inherent to all human activity. Risk cannot be entirely purged from any endeavor, but is must be identified, controlled, and minimized. Everyone is expected to expose themselves to some risk during the course of their daily activities. It is an understood condition of life. However, no one is expected or required to expose themselves to unreasonable or suicidal risk. In any situation, as a person's risk exposure increases, he is permitted by law to take reasonable measure to reduce it, restraining himself from using deadly force until such a time as risk exposure has escalated, or is about to escalate, to unacceptable levels. At that point, deadly force may be employed if it is the only reasonable avenue through which the risk can be reduced. - - ------------------------------ End of utah-firearms-digest V2 #185 ***********************************