• Victory So Far…

  • Still Time to Oppose the Latest Anti-Gun C.R.A.P. Amendment

  • Keep the Pressure on Your Senators

  • Immediate Phone Calls Needed to Your Senators Against Gun Control

  • Evil Strikes Again … This Time in Florida

  • No Right to Concealed Carry, Says Ninth Circuit Court

  • Obama to Ban Thousands of Senior Citizens from Owning Firearms

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GOA News

  • I Love my Rifle
  • SCOTUS Decision
  • CNN Host Embarrassed
  • CNN Host Stumped
  • Host "Schooled"

‘I love my rifle’: gun owners defend their weapon of choice


[Erich Pratt] and others in the gun lobby say the AR is targeted because of the way it looks, and any fears are misplaced because it’s only cosmetically different from other types of rifles and long guns.


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Supreme Court Upholds Limiting Guns for Domestic Infractions


"Violent abusers should be in jail for felony abuse.  But this federal law punishes misdemeanors, and hence, is way too broad.  It disarms women who have had shouting matches with their husbands, parents who have spanked their children in public, and in at least one case, an adult daughter who threw a set of keys at her mother.  A principle in law is that the punishment must fit the crime.  Sadly, permanently disarming Americans for slight infractions that impose no jail time is simply not just," Erich Pratt said.


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Anti-Gun CNN Host Gets Embarrassed On-Air For Citing False Gun Facts [VIDEO]


“Well, what you failed to point out, Carol, is that the Center for Disease Control also–pursuant to President Obama issuing a decree to have them study this issue–they found that anywhere from 500,000 to three million times a year, guns are being used in self-defense. So that means for every negative tragic use of a firearm…” Erich Pratt said.


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CNN Host Costello Crushed by Facts on Gun Violence


"Almost all national survey estimates indicate that defensive gun uses by victims are at least as common as offensive uses by criminals, with estimates of annual uses ranging from about 500,000 to more than 3 million per year," Erich Pratt said.


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CNN Gets Schooled by Guest With Actual Facts on Gun Violence in the U.S.


 "Well, what you failed to point out, Carol, is that the CDC also pursuant to President Obama issuing a decree to have them study this issue, they found that any where from 500,000 to 3 million times a year, guns are being used in self-defense," Erich Pratt said. 


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Self-Defense Corner

  • Stupid Crook
  • Pistol Packing Pharmacist
  • Mass Shooting Stopped
  • Attacked While Working
  • Not so Happy Anniversary

Bad Guy Makes Fatal Mistake Of Raising His Gun To An Armed Homeowner

When confronting a stranger in your own home, the shock of seeing a gun leveled at you in the dark of night is probably greater than you wondering whether or not it’s a BB gun. That’s understandably what likely went through the mind of one Oklahoma City homeowner who confronted not one but three individuals breaking into his home at approximately 12:35 am. For Robert Sango, the 24-year-old holding the BB gun, it was a fatal underestimation of his prey.

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Shotgun-wielding robber killed by pistol packing pharmacist

A robbery suspect is dead and his accomplice charged with homicide after an attempted robbery Friday was thwarted by a pharmacist armed with a 9mm pistol in Levittown, Pennsylvania.

The suspect was wearing what was described as a frightening Halloween mask and concealing a shotgun covered by a partially opened umbrella. He entered the pharmacy around 10 a.m. as his accomplice sat in a getaway van parked outside the front entrance.

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Concealed Carrying Hero Battled Mass Shooter In Houston: Media Silent

Concealed carry permit holder Byron Wilson drew his handgun and engaged a mass shooter in Texas on Sunday, possibly saving lives at great risk to his own.

An Army veteran* of multiple tours in Afghanistan opened fire in Houston on Sunday, killing two people wounding and wounding six more before being killed by responding SWAT officers.

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Why We Carry At Home: Homeowner Attacked While Doing Yard Work, Luckily He Was Carrying His Gun

TULSA, OKLAHOMA — A man was outside his home doing yard work when he was approached by an intoxicated man who began to assault him. At the same time, police were driving around the neighborhood in search of a person’s “very intoxicated friend who was causing problems.”

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Happy Anniversary? Man Shoots Wife’s Nunchuck-Wielding Ex-Husband 

A wife in Avon, IN traded her nunchuck-wielding ex-husband for a gun-totin new hubby.

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OPEN LETTER TO THE STATES' ATTORNEYS GENERAL

U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Office of the Director
May 9, 2007

 

We at the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), like all Americans, were saddened by the tragic events that unfolded at Virginia Tech last month. In the immediate aftermath, many questions arose about whether the person responsible for the shootings was prohibited under Federal law from possessing a firearm, and how the shooter passed the background check required before purchasing the two firearms used on April 16, 2007.

As the Federal agency responsible for enforcing the Federal firearms laws, ATF works every day to prevent the criminal misuse of firearms. We stand ready to assist our State and local partners in better understanding the Federal prohibitors and how we can work together to prevent future tragedies. This letter serves to explain what ATF has done in response to the events at Virginia Tech and to provide information on the nature and scope of the Federal prohibition.

In the initial weeks after the Virginia Tech shootings, ATF took immediate steps to communicate with our State and local law enforcement partners and the licensed firearms community. In particular, ATF joined the Secretary of Health and Human Services, who, along with the United States Attorney General and the Secretary of Education, embarked on a twelve-State effort to meet with State and local leaders, educators, mental health experts, and law enforcement officials to find out what can be learned from the tragedy at Virginia Tech. A summary of lessons learned will be reported back to the President with recommendations about how the Federal Government, working in conjunction with State and local partners, can prevent such tragedies from happening in the future.

During the first week of May, ATF used the occasion of the annual FBI National Instant Criminal Background Check System (NICS) Users Conference in Portland, Oregon, to reach out to State law enforcement officials to clarify the meaning of the Federal prohibition for those persons adjudicated as a “mental defective” or committed to a mental institution. ATF has also begun the process of clarifying the Firearms Transaction Record (ATF Form 4473), the form that is completed whenever a person purchases a firearm from a federally licensed dealer. The new Form 4473 will make it clear, for example, that any person who has been found by a court, board, or other lawful authority to be a danger to self or others is prohibited from purchasing a firearm or ammunition. ATF will also be sending an open letter to all Federal firearms licensees to further instruct on the meaning of the Federal prohibition.

Many States are already taking steps to identify persons who are prohibited from possessing firearms as a result of their mental health history. However, as of April 2007, only 23 States have submitted any mental health information to the NICS system, and only four regularly report such information. ATF and our FBI partners who operate the NICS system are encouraging State authorities to take the necessary actions to ensure that all disqualifying information is provided to prevent the purchase of firearms by those prohibited from possessing firearms under Federal law. Accordingly, ATF stands ready to assist any State with questions or concerns they may have with respect to collecting additional information regarding whether a person is prohibited from possessing a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(4). Many States are considering how to enhance their collection efforts in the aftermath of Virginia Tech, ATF would like to provide all necessary assistance with those efforts.

Section 922(g)(4) of 18 U.S.C. makes it unlawful for any person who has been adjudicated as a mental defective or who has been committed to a mental institution to possess firearms or ammunition. This prohibition covers two classes of persons—those who have either been (1) adjudicated as a mental defective; or (2) committed to a mental institution.

Each of these terms is defined by Federal regulation at 27 C.F.R. § 478.11 as follows:

ADJUDICATED AS A MENTAL DEFECTIVE

  1. A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:
    1. Is a danger to himself or to others; or
    2. Lacks the mental capacity to contract or manage his own affairs.
  2. The term shall include—
    1. A finding of insanity by a court in a criminal case; and
    2. Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

COMMITTED TO A MENTAL INSTITUTION

This term means a formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term also includes a commitment for mental defectiveness or mental illness, and commitments for other reasons such as for drug use. The term does not include a person in a mental institution for observation or any voluntary admission to a mental institution.

ATF has historically interpreted these provisions as constituting two distinct prohibitions. Each prohibition represents a separate disqualification. For example, a “commitment” means a formal commitment, not a voluntary stay. Excluded are stays for observation only. Nor does the term include a stay in a mental institution that never involved any form of adjudication by a lawful authority. However, a stay that began as a voluntary stay may be subsequently transformed into a disqualifying stay if a court, board, or other lawful authority makes a determination that the person is a danger to self or others. Moreover, a voluntary stay that is by itself not disabling could be later converted into a formal commitment and therefore be disabling.

For purposes of a Federal firearms disability, ATF interprets “adjudicated mental defective” to include anyone adjudicated to be a “danger to him or herself,” “a danger to others,” or lacking “the mental capacity to contract or manage their own affairs.” For purposes of Federal law, “danger” means any danger, not simply “imminent” or “substantial” danger as is often required to sustain an involuntary commitment under State law. Thus, for example, adjudication that a person was mentally ill and a danger to himself or others would result in Federal firearms disability, whether the court-ordered treatment was on an inpatient or outpatient basis. This is because the adjudication itself (a finding of danger due to mental illness) is sufficient to trigger the disability.

It should be emphasized that whatever adjudication procedure a State employs, the Constitution requires certain guarantees of due process. In order for a particular commitment order to qualify as a prohibiting commitment, ATF historically has required that traditional protections of due process be present, including adequate notice, an opportunity to respond, and a right to counsel. Such protections are important because whether a person has been adjudicated a mental defective or committed to a mental institution, the firearms disability is permanent.

We recognize that the procedures that result in a person being prohibited vary widely under State law and we encourage each of you to work closely with ATF to determine whether your statutory or regulatory mental health commitment or adjudication procedures under a particular set of facts might result in a determination that qualifies as a Federal prohibition.

We appreciate the interest that Federal, State, and local law enforcement and other stakeholders have in improving the enforcement of our nation’s firearms laws, and ATF stands ready to assist the States in improving their efforts to ensure information on disqualified persons is collected and provided to the NICS system. Questions or concerns about any of these issues may be directed to your local ATF field office.

Signed By Michael J. Sullivan

Op-Ed Articles