Month: March 2012

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CalGuns Foundation Sues LA County Sheriff Over Carry Policy

March 10, 2012 by 1 Comment

The CalGuns Foundation filed suit yesterday in Los Angeles Superior Court against LA County Sheriff Lee Baca, the LA Sheriff’s Department, and LA County challenging the sheriff’s ban on accepting and processing carry licenses for city residents.

From their release:

THE CALGUNS FOUNDATION SUES LOS ANGELES COUNTY, SHERIFF LEE BACA

March 9, 2012 – San Carlos, CA

Continuing its Carry License Sunshine and Compliance Initiative, The Calguns Foundation (CGF) has filed a lawsuit today in Los Angeles Superior Court against Los Angeles Sheriff Leroy “Lee” Baca, the Los Angeles County Sheriff’s Department, and Los Angeles County. The case, entitled Jennifer Lu, et al. v. County of Los Angeles, et al., challenges the Sheriff’s ban on accepting and processing applications for carry licenses submitted by city residents.

The Calguns Foundation is joined in the lawsuit, by three individual plaintiffs.

“Sheriff Baca made the unfortunate decision to repeat historical failure,” noted GF Chairman Gene Hoffman. “Apparently, the Sheriff and County do not feel bound to follow the precedent they set when the California Court of Appeals ruled against them in 1976. We look forward to refreshing their memory.”

In the case of Salute v. Pitchess, the Court held that “[i]t is the duty of the sheriff to make . . . an investigation and determination, on an individual basis, on every application” for a handgun carry license. Then-Los Angeles Sheriff Peter Pitchess had “a fixed policy of not granting applications . . . except in a limited number of cases.”

California requires that people who desire to carry a handgun for self defense be licensed by the sheriff of the county in which they reside, or, at the applicants’ option, they can apply to their city’s chief of police. However, sheriffs cannot require applicants to first apply to and be denied by a city’s chief of police as a prerequisite to application.

“The State of California very intentionally established a standardized carry license framework: if you’re a sheriff, you have a duty to administer the carry license program for all residents of your county,” clarified Brandon Combs, an officer of CGF and director of the Carry License Initiative. “Sheriff Baca’s intent in enforcing these unlawful regulations is quite clear: make it as difficult as possible for law-abiding residents of Los Angeles County to defend their lives and those of their families. Not only does he treat some deserving applicants differently than others, he uses the rejections by cities’ chiefs of police – that his policy requires – as evidence against the applicants when they apply to him.”

“Jennifer Lu and the other plaintiffs have every reason to desire a handgun carry license, not the least of which is that it is their fundamental right under the Constitution as Federal courts in both West Virginia and Maryland ruled earlier this week,” said Jason Davis, attorney for the plaintiffs. “Sheriff Baca is circumventing state and constitutional law, and we’re confident that this case will bear that out.”

A copy of the complaint and case filings can be downloaded at
http://calgunsfoundation.org/resources/downloads/file/73-lu-v-baca-complaint.html.

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Leadership Changes At Freedom Group

March 9, 2012 by 1 Comment

According to a story from CBS Marketwatch, Freedom Group CEO Robert Nardelli has stepped down after just two months in the job. He said according to his “statement Friday that ‘this is a great time’ to focus on his investment and consulting company, XLR-8 LLC.”

George Kollitides will take over as interim CEO.

George Kollitides, 42, a former managing director at Cerberus Capital Management and member of Freedom Group’s board, will act as interim CEO of the company.

Freedom Group said it expects to name a permanent successor for Nardelli soon.

Nardelli has also transitioned into a role as senior advisor to the CEO of Cerberus and the company’s affiliate Cerberus Operations and Advisory Co. LLC. Freedom Group’s chairman John Blyston will also transition to a role as senior advisor to Cerberus and its affiliates

Kollitides will replace Blystone as chairman of the board of Freedom Group.

Freedom Group is owned by Cerberus Capital Managment. It owns companies ranging from Remington and Bushmaster to Mountain Khakis and Advanced Armament (suppressors).

UPDATE: The full press release from Cerberus and the Freedom Group.

MADISON, N.C., March 9, 2012 /PRNewswire via COMTEX/ — Robert L. Nardelli and Freedom Group, Inc. (“FGI”), announced today that Nardelli has stepped down from his position as CEO of Freedom Group, effective immediately. George Kollitides, a member of FGI’s Board of Directors and formerly a Cerberus Capital Management, L.P. (“Cerberus”) Managing Director, has been named Chairman of the Board replacing current Chairman John Blystone, and will act as the interim CEO of FGI pending the completion of negotiations with a successor CEO expected to be named shortly.

Nardelli said, “I informed the Board of Directors of FGI that I would step down as CEO of FGI in order to devote attention to XLR-8 LLC, my investment and consulting company. This is a great time for me to focus on XLR-8 and leverage my 41 years in a variety of businesses and sectors and my recent private investing and advisory experience with Cerberus and its affiliates, to raise money to acquire underperforming companies, and to help them operate more profitably and improve their enterprise value. I have transitioned into a role as Senior Advisor to both Steve Feinberg, CEO of Cerberus, and its affiliate Cerberus Operations and Advisory Company, LLC (‘COAC’), and I will continue to work with them in that capacity.”

Nardelli continued, “Since joining the FGI board in September 2010, I have gained great respect for the dedicated and talented people of this iconic company. FGI has a proud past and a bright future in large part because of being guided by a very strong management team and board.”

“Over the past 17 months, Bob’s involvement with the business has enhanced FGI’s operational capabilities, strengthened the management team, and created a metrics-driven organization and ‘how-to’ culture,” said Steve Feinberg, Cerberus CEO. “We are grateful to him for his contributions. We are also pleased to add George’s talent, industry expertise and knowledge to our management team, which will also be supplemented in the near-term by a world-class business leader as the permanent CEO.”

Blystone will also transition to a role as Senior Advisor to Cerberus and its affiliates. Feinberg stated, “I am truly grateful for all of John’s strong work on FGI and I am looking forward to him taking another senior leadership role in one of our portfolio companies.”

Nardelli spent more than 30 years at General Electric Co. managing a wide range of businesses, including appliances, lighting, transportation and power systems. He also was CEO and chairman of The Home Depot and CEO and chairman of Chrysler LLC before becoming CEO of COAC in 2009.

Kollitides had been at Cerberus Capital Management since 2003, where he has served as a Managing Director, focusing on the defense, firearms and related industries. Kollitides was the principal architect of the investments in FGI for Cerberus. An avid outdoorsman, Kollitides is a long-time member of numerous hunting, shooting, Second Amendment and conservation organizations. He currently serves as a Trustee of the NRA Foundation and Director of the NRA’s Hunting and Wildlife Committee, Presidents Committee on Advancement and Nominating Committee. He is also a Director of the New York State Rifle & Pistol Association.

About Cerberus Capital Management, L.P. Established in 1992, Cerberus Capital Management, L.P., along with its affiliates, is one of the world’s leading private investment firms with over $20 billion under management. Through its team of investment and operations professionals, Cerberus specializes in providing both financial resources and operational expertise to help transform undervalued companies into industry leaders for long-term success and value creation. Cerberus holds controlling or significant minority interests in companies around the world. Cerberus is headquartered in New York City with affiliate and/or advisory offices in the United States, Europe, the Middle East and Asia.

About Freedom Group, Inc. Freedom Group is the world’s leading innovator, designer, manufacturer, and marketer of firearms, ammunition, and related products for the hunting, shooting sports, law enforcement, and military markets. As one of the largest manufacturers in the world of firearms and ammunition, the company has some of the most globally recognized brands including Remington, Marlin, Harrington & Richardson, New England Firearms, L.C. Smith, Parker, Bushmaster, DPMS/Panther Arms, EOTAC, and INTC.

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Consult An Expert!

March 9, 2012 by 3 Comments

Sometimes you come across stuff that just makes you laugh because it so outrageous. Here is a case in point.

Jack Dunning is the Phoenix Political Buzz Examiner for Examiner.com. He wanted to know about state requirements for training for gun owners. Being in Phoenix, you might have thought he’d go to Alan Korwin who has published a number of books on gun laws in both the United States and individual states. Indeed, Alan’s website is even called gunlaws.com which should have made it simple.

No, he decided to consult a “real expert”:

This gun show loophole/background checks issue is one area that needs fixing. But another is required education and training before you can own a gun. Arizona has nothing, zip. Most states don’t. I decided to ask an expert so I contacted Ladd Everitt, Director of Communications for the Coalition to Stop Gun Violence, and asked the following question: “Can you tell me the average gun training/education a gun owner is required to have?”

Calling Ladd Everitt an expert on gun laws is such an oxymoron that it borders on incomprehensible.

Mr. Dunning is a bit to the left of Mao and Lenin and is extremely anti-gun rights. His non-Examiner blog, Nasty Jack, makes that pretty clear. If you have been banned by Daily Kos and you’re not a conservative, that says something!

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A City Council That Gets It

March 9, 2012 by 1 Comment

The Gastonia (NC) City Council voted Tuesday evening to allow concealed carry in all areas of that city’s parks. The vote was 6-1 and came despite a recommendation from the Gastonia Recreation Advisory Commission to impose a ban on concealed carry in athletic facilities.

The city’s 6-1 vote, with only Councilman Dave Kirlin opposing, went against a 5-0 recommendation of the Gastonia Recreation Advisory Commission. The commission wanted to allow licensed, concealed weapons in public parks, but to continue to ban them in the more specific recreational areas.

But Councilman Jim Gallagher was one of the six who favored a hands-off approach from government control. People with concealed weapon permits have proven themselves trustworthy and responsible, and imposing any restriction on them is unfair and unnecessary, he said.

“This is a slippery slope and it’s just going to go downhill,” Gallagher said of potential restrictions. “The second amendment is clear. Our founding fathers wanted us to protect ourselves.”

This is a City Council that gets it and one whose move to allow their citizens to protect themselves should be applauded. This statement by Councilwoman Brenda Craig who holds a NC Concealed Handgun Permit herself shows it.

“I agree with the second amendment, bottom line,” she said. “If people have been trained to handle that weapon and have their permit, they’re responsible.”

That is the key – CHP holders have been vetted, are responsible, and not the one’s you have to worry about. I just wish more city councils in North Carolina would realize that.

H/T Harvey

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Immoral To Repeal One Gun A Month In Virginia?

March 9, 2012 by

Not so says the Rev. Kenn Blanchard in response to Jim Winkler who called it immoral for Gov. Bob McDonnell to have signed the repeal of Virginia’s One Handgun A Month law. Winker is the general secretary of the General Board of Church and Society of the United Methodist Church and chair of Faiths United to Prevent Gun Violence. Faiths United is a project of the Brady Campaign.

Winkler says of Gov. McDonnell,

But our governor put the agenda of a lobby ahead of the people he was elected to represent. He put the gun lobby’s agenda ahead of protecting the residents of his state from the life-altering and life-ending horror of gun violence. Innocent lives will be lost as a result. It is not only shameful that the governor did this, it is immoral.

Pastor Kenn rightly says the repealed Virginia law was “worthless” and that it is “ethical for us to protect ourselves, it is ethical for us to protect our families, congregations, and country.” He goes on to say that using the word immoral is just wrong. I couldn’t agree more.

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Good Advice Even If You Aren’t A Competitor

March 8, 2012 by

The NSSF is out with a new Doug Koenig video on handgun shooting. Goal setting is an important part of getting better. While much of what he is saying applies to competition, it can apply equally well to practicing for self-defense. If you go to the range just to blast away, you are plinking. But if you go with a goal in mind and certain skills you want to work on, that is practicing.

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The Third Win This Week!

March 8, 2012 by

In what amounts to the third legal victory for gun rights this week, the Washington Supreme Court unanimously denied Seattle’s petition for review of Seattle’s ban on guns in parks. Lower courts had found that Seattle’s gun ban violated Washington State’s preemption law and overturned the park ban.

From the Second Amendment Foundation:

SAF HAILS WA HIGH COURT DENIAL OF SEATTLE GUN BAN APPEAL

For Immediate Release: 3/8/2012

BELLEVUE, WA — The Second Amendment Foundation is delighted that the Washington State Supreme Court has unanimously denied the City of Seattle’s petition for review in the case of Winnie Chan v. City of Seattle, a legal action brought by SAF, the National Rifle Association and five individual plaintiffs.

The decision affirms the state’s long-standing preemption law and two lower court rulings, thus preventing the city from banning firearms from city parks property.

It was the third straight loss for the city, which had first attempted to ban firearms from park facilities under former Mayor Greg Nickels, in open defiance of Washington State’s model preemption statute. Following its initial loss in King County Superior Court, the city, under Nickels’ successor, Mayor Mike McGinn, appealed its loss to the State Court of Appeals. That court also ruled unanimously against the city, which petitioned the state high court last year for review.

“We are proud that the State Supreme Court panel, led by Chief Justice Barbara Madsen, unanimously rejected Seattle’s flagrant attempt to override state law and violate the civil rights of citizens living in or visiting the city,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Mayor McGinn and the City Council should be ashamed that they pursued this pipe dream in an effort to turn the city into a banana republic. By letting the appeals court ruling stand, other anti-gun officials in city and county governments are on notice that they simply cannot ignore state law.

“We are equally proud of our partners in this important legal action,” he continued. “We were joined by the NRA, Washington Arms Collectors, the Citizens Committee for the Right to Keep and Bear Arms, and five courageous citizens. Our plaintiffs were willing to stand up to the city and public officials who seem determined to transform Seattle into a political gulag where a civil right can be dismissed at will in the interest of political correctness.

“And finally,” Gottlieb stated, “we are all very proud of our legal team led by Steve Fogg and Molly Malouf at Corr Cronin. They did a marvelous job, not only for their clients, but for the citizens of this state, whose civil rights apply everywhere, whether the City of Seattle likes it or not.”

You will note that both the Second Amendment Foundation and the NRA were parties in the original case. It is good to see that they can work together when needed.

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More On The Win For Carry In Maryland

March 8, 2012 by 2 Comments

WJZ – CBS Baltimore had this story on the win in the Woollard case. They interviewed both Cary Hansel and Alan Gura on the decision. Other than a mention of the statement from the Attorney General’s Office that they planned to appeal, all the coverage was of our side of the debate.

As the CalGuns Foundation said in a tweet this morning, “When this is the media coverage of a carry win, we’re winning.” And they are absolutely correct as no attention was given to the Brady Campaign or any of the other gun prohibitionists.

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Too Bad He Didn’t Go All Bob Etheridge On This Reporter

March 7, 2012 by

A reporter from America’s Morning News stopped Assistant Attorney General Lanny Breuer and asked him a few questions about Operation Fast and Furious. It is a great ambush interview. Too bad Breuer didn’t go all “Bob Etheridge” and demand to know “who are you” while going for a choke-hold on the reporter. THAT would have made this even better. Look what happened to Etheridge’s re-election after he did that.