From: owner-cdn-firearms-digest@sfn.saskatoon.sk.ca on behalf of Cdn-Firearms Digest [owner-cdn-firearms-digest@sfn.saskatoon.sk.ca] Sent: Monday, 07 May, 2001 13:08 To: cdn-firearms-digest@broadway.sfn.saskatoon.sk.ca Subject: Cdn-Firearms Digest V3 #757 Cdn-Firearms Digest Monday, May 7 2001 Volume 03 : Number 757 In this issue: Pregnant woman survives drive-by shooting: Book: That Every Man Be Armed ARMED BUST SPOOKS RESIDENTS BIKERS HELD AFTER COPS SEIZE PISTOL Trio arrested after gun fired at house Man shot by party crashers ---------------------------------------------------------------------- Date: Mon, 7 May 2001 13:01:04 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: Pregnant woman survives drive-by shooting: PUBLICATION: Vancouver Sun DATE: 2001.05.07 EDITION: FINAL SECTION: News PAGE: B1 / Front BYLINE: Jeremy Sandler SOURCE: Vancouver Sun ILLUSTRATION: Color Photo: Stuart Davis, Vancouver Sun / Father John McCarthy leads a group of young people carrying this simple wooden cross to Dundarave pier in West Vancouver as part of the journey it will make on its way to Toronto for World Youth Day July 22-28, 2002. Young Catholics from the Archdiocese of Vancouver placed the cross on a sailboat and took it from the North Shore to False Creek on Sunday afternoon. - -------------------------------------------------------------------- - -------- - ---- Pregnant woman survives drive-by shooting: Her husband escaped uninjured after two men opened fire on their car - -------------------------------------------------------------------- - -------- - ---- An eight-and-a-half-months pregnant woman suffered non-life-threatening injuries early Sunday when she was shot three times by occupants of a car that pulled up to the one in which she was a passenger. The incident occurred in Richmond at about 3:45 a.m., when the 21-year-old victim and her 26-year-old husband, both of Vancouver, were stopped in their car at a red light on southbound St. Albans Rd. at Blundell Rd. Police believe three Asian men, all in their early 20s, pulled up beside them in a red Acura. Two gunmen stood up through the Acura's sunroof and fired at least 11 shots into the couple's car. Richmond RCMP Constable Peter Thiessen said the uninjured driver of the targeted vehicle sped away from the scene eastbound on Blundell with the suspect vehicle in pursuit. After a few blocks, the victim's car stopped for help at a marked police car involved in an unrelated traffic incident, at which point the suspects made a U-turn and fled westbound along Blundell. ``Certainly this wasn't a random shooting,'' Thiessen said. ``They were the intended targets [but] we don't know what the motives may be. It's not clear whether it was just the female passenger who was the target or whether they were both the targets.'' Thiessen also indicated the driver of the victim's car was known to police. ``We are looking into his associates, his background, and what that may have had to do with it,'' Thiessen said, adding that a gang link is being considered. ``That possibility certainly exists, but nothing [is] confirmed at this point.'' The woman was taken to Richmond General Hospital and later transferred to the B.C. Women's Hospital in Vancouver because of her pregnancy. The baby's condition was unknown. A police dog unit recovered two semi-automatic handguns believed to have been used in the shooting. The and the victim's car are undergoing forensic testing. In another shooting incident Sunday, one man suffered multiple gunshot wounds and five other people were taken to hospital after a large group of men crashed a house party in Squamish. All of the injuries are considered serious but non-life-threatening. ------------------------------ Date: Mon, 7 May 2001 12:56:49 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: Book: That Every Man Be Armed http://www.independent.org/tii/content/briefs/BriefTEMBA.html BOOK SUMMARY That Every Man Be Armed The Evolution of a Constitutional Right by STEPHEN P. HALBROOK Research Fellow, The Independent Institute 275 Pages Index 6 x 9 inches $19.95 Paperback ISBN 0-945999-38-0 The Independent Institute Oakland, California "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed." - - Amendment II, The Constitution of the United States of America BOOK HIGHLIGHTS Legal scholarship has come to favor the individual right interpretation of the Second Amendment. The question is not whether this trend will affect the courts, but when. "Whatever the future holds, there is no turning back to the days when a judge could say with a straight face that the Second Amendment protects only National Guardsmen, and then only when on duty," writes Stephen P. Halbrook in the Preface to the new edition of his classic work, That Every Man Be Armed. First published in 1984, That Every Man Be Armed was favorably cited in Supreme Court Justice Clarence Thomas's concurring decision in the landmark case Printz v. United States (1997) - argued by Halbrook - which struck down parts of the Brady Act. The Fourteenth Amendment was intended partly to protect former slaves from the Southern states' abridgement of the right to keep and bear arms. This was one reason that this amendment was hotly debated. There was no debate that the Second Amendment protected an individual right because that interpretation was accepted by all. The Second Amendment was both a reaction to, and an intended safeguard against, tyranny. So cherished was the right to keep in keep and bear arms that when Britain imposed gun restrictions on the American colonies, the colonists considered it the violation of a fundamental right. The Second Amendment was also meant to prevent the new American government from becoming a tyranny. The notion of an individual right to keep and bear arms is found throughout Western thought. The philosophical origins of the Second Amendment are found in the English common law, and the Declaration of the Rights of 1689, and a long line of thinkers dating back to the Greek and Roman classics. From Plato to Locke, western thinkers have recognized that an armed populace is a safeguard against the imposition of tyranny. BOOK SYNOPSIS: Origins of the Right to Bear Arms Too often, public debate on gun control and related issues seems to takes place in a historical vacuum. Yet, as Second Amendment scholar and attorney Stephen P. Halbrook shows, Americans' right to keep and bear arms - institutionalized by the Second Amendment of the U.S. Constitution - grew out of a rich political and philosophical tradition that dates back to the origins of Western Civilization. In the 4th century B.C., for example, Greek philosophers Plato and Aristotle, despite their profound differences, shared the belief that an armed populace was essential for preventing the imposition of tyranny. A few centuries later, Roman lawyer Cicero warned that replacing the private ownership of weapons with standing armies was contributing to the fall of the Roman Empire. In Renaissance Italy, Niccolo Machiavelli (1469-1527) argued that an armed public promotes civic virtue, which in turn promotes responsible arms use. In 16th century France, political philosopher Jean Bodin (1530-1596) argued that disarming the citizenry helped create an absolute monarchy. Across the English Channel, philosophers Thomas Hobbes (1588-1679) and John Locke (1632-1704) also shared the view that an armed populace deters tyranny. Similar views were reflected in the English legal tradition, the precursor to the American legal system. As far back as the rule of Alfred (871-899), the English common law presumed that an armed populace was desirable for ensuring security. So entrenched was this belief that the bearing of arms was made a citizen's legal duty. However, as Englishmen sought greater political freedom, the monarchy came to feel threatened by an armed populace and sought to curtail private ownership of weapons. Both the Magna Carta (1215) and the English Declaration of Rights (1688) grew out of the struggle of armed Englishmen. The American Revolution, the Civil War, and the Fourteenth Amendment Influenced by these traditions, the American colonists insisted that Britain recognize their common-law right of individuals to own and use arms in self-defense against tyranny. British gun restrictions in colonies - aimed first at Native Americans and later extended to the white colonists during Bacon's Rebellion in 1676 - were therefore bound to provoke conflict. After the American Revolution, the Federalists promised that the new government would have no power to disarm the populace. The anti-Federalists, who were especially leery of a strong central government, feared that a standing army and select militia would come to overpower the people. These concerns led to the ratification of the federal Bill of Rights in 1791. >From the ratification of the Constitution to the Civil War, the act of keeping and bearing arms, including firearms, was treated as a virtually unquestioned right of each individual citizen - for self-defense as well as for subsistence hunting. That the Second Amendment recognized an individual right to keep and bear arms was not an issue for partisan politics, and the courts consistently so held. The only exception to this rule, of course, appeared in the context of slavery. To disarm slaves as well as black freemen, certain courts originated the view that the Second Amendment applied only to citizens rather than to all of the people, and that the Second Amendment did not apply to the states. These decisions were aberrations intended to prevent black liberation. Most commentaries and courts that analyzed the Second Amendment treated all individuals as possessing the right to bear arms; they also construed it as a restraint on state and federal power. After the Civil War, judicial commentators continued to interpret the Second Amendment as protection of an individual right from both state and federal infringement. The right to keep and bear arms, and other freedoms in the Bill of Rights, were viewed as common-law rights explicitly protected by the Constitution. Debates about the adoption of the Fourteenth Amendment and the Civil Rights Act of 1866 play an important role in clarifying how the right to bear arms was perceived following the Civil War. The importance of this debate is heightened by the fact that Southern blacks found their right to bear arms violated and sought federal protection under the auspices of the Fourteenth Amendment. State, Federal and Supreme Court Decisions Prior to the adoption of the Fourteenth Amendment, the bearing of arms and other civil rights were deemed as protected by the Constitution. But after the adoption of the Fourteenth Amendment, and with the end of Reconstruction, the Supreme Court took a restrictive view of the extent to which the federal government could protect civil rights. Still, the Court continued to treat the right to have arms as a fundamental right and vindicated the right to use deadly force in self-defense. Then, in United States v. Miller (1939) the Court held that the Second Amendment protected the right to keep and bear militia-type arms and relied on case law holding that all citizens were members of the militia. More recently, the Court has also alluded to the right to have arms as a specific guarantee provided in the Constitution. Immediately following Reconstruction, the Second Amendment was viewed only as a restriction on Congress and not the creation of a right. The right to bear arms was not incorporated through the Fourteenth Amendment and states had to make laws regarding it. Furthermore, the Court clarified the regulation of weapons regarded as modified and those which were not ordinarily used for militia purposes. As the Court began to incorporate more of the Bill of Rights in the twentieth century, the possibility of incorporating the Second Amendment was revived. Although the right to bear arms has yet to be incorporated, Halbrook discusses several cases which favor the possibility that it one day might be. One of the ways he shows this is through penumbras, by which the Court uses "shadows" cast by amendments constituting the Bill of Rights to extend certain rights to the states. Without the incorporation of the Second Amendment, state court decisions regarding the right to bear arms remain crucial. Halbrook offers a brief survey of some of the most important state decisions since Reconstruction, attempting to find some consensus on the issue. Particularly interesting are the state judicial decisions regarding the right to carry a concealed weapon and regarding the definition of what an "arm" is. Lastly, Halbrook explains the continued swing since Reconstruction of state judicial decisions toward, and away from, the right to bear arms. ------------------------------ Date: Mon, 7 May 2001 13:02:47 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: ARMED BUST SPOOKS RESIDENTS PUBLICATION: The London Free Press DATE: 2001.05.07 SECTION: News PAGE: A1 SOURCE: Free Press Reporters BYLINE: Hank Daniszewski; Jane Sims KEYWORDS: Robbery - -------------------------------------------------------------------- - -------- - ---- ARMED BUST SPOOKS RESIDENTS - -------------------------------------------------------------------- - -------- - ---- A string of armed robberies came to a screaming halt yesterday when London police nabbed three men in a parking lot of a townhouse complex on Westminster Drive. As residents washed their cars and children played, police officers with guns drawn ordered three men out of a red Camaro about 4 p.m. The men are suspects in a string of six holdups committed within 12 hours by someone wielding a knife and wearing a mask from the comic horror film Scream. The last robbery took place at KR Mini Mart at 244 Wellington Rd. Police spotted the suspect car shortly after the robbery and followed as it pulled into the parking lot of the complex at 300 Westminster Ave. As the suspects pulled in, they apparently tried to discard the evidence by throwing the mask, a steak knife and hundreds of dollars in cash out the windows. One resident, who was washing his car at the time said it was a shock on an otherwise pleasant spring afternoon in the complex. "The policeman ordered them out and started pulling out his . That's when I knew it was time to take the kids inside," said the resident, who asked not to be identified. Ken Hicks, who lives in a nearby complex, walked over when he saw the commotion. As he entered the complex lane he starting noticing $10 and $20 bills on the ground. Then he saw a Scream mask lying in a driveway. "I kicked the mask with my foot and this knife comes out. Then I started to clue in about what was going on." He then noticed more money scattered on the other side of the lane. Hicks said he and police collected hundreds of dollars in small bills. The police arrested three men, ages 59, 47 and 28, all from London. The manager of the complex said he did not recognize the men or their car and believes they had no connection to the townhouses. London police spokesperson Const. Ryan Holland said no charges are expected until today as police scramble to interview witnesses from all the crime scenes. "It's certainly unusual to have so many robberies in such a short time." The crime spree began early yesterday when four businesses -- three variety stores and a gas station -- in east London were hit by a man wearing a Scream mask. - - Officers were called to the Mac's convenience store at 507 Salisbury St., near Mornington Avenue, after a tall, thin man wearing a mask and armed with a knife vaulted the counter near the cash register about 4 a.m. He scuffled with the male clerk and left empty-handed in in a red car. The clerk received a small cut to his hand. - - About an hour later, police were called to another Mac's convenience store at 458 Southdale Rd. E. A man wearing the mask and carrying a knife demanded the clerk open the cash register. He grabbed a small amount of cash and fled in a red car. There were no injuries. - - About 5:20 a.m., a clerk at the Petro-Canada station at 277 Highbury Ave. N., near Dundas Street, locked his booth after he saw a man wearing a Scream mask and possibly carrying a knife walking toward the door. The man left on foot. - - Shortly before 6 a.m., a masked man carrying a knife entered the Farah Foods store at 1162 Adelaide St. N., near Kipps Lane, and demanded the clerk open the till. The man grabbed some money, then left in an older-model red Camaro-type car. - - The crime spree resumed after 3 p.m., when a masked man tried to rob a store on Emery Street West. The KR robbery occurred less than an hour later. ------------------------------ Date: Mon, 7 May 2001 13:01:11 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: BIKERS HELD AFTER COPS SEIZE PISTOL PUBLICATION: The London Free Press DATE: 2001.05.06 SECTION: News PAGE: A1 SOURCE: Free Press Reporters BYLINE: Jane Sims; Randy Richmond KEYWORDS: Bike Gangs; Weapons Charges - -------------------------------------------------------------------- - -------- - ---- BIKERS HELD AFTER COPS SEIZE PISTOL - -------------------------------------------------------------------- - -------- - ---- Three men associated with a local biker gang were charged after police seized a loaded handgun on a downtown corner notorious for crime early yesterday. Just after midnight, London police were called to Richmond and York streets after three men with a handgun confronted another man in front of the Sammy's Souvlaki takeout food booth. The men were wearing Outlaws motorcycle gang colours, police said. Officers seized the loaded and a pickup truck. No one was injured and no shots were fired. Police would not comment on whether the incident was related to reports of increased biker activities and turf battles in the city. London's biker gang scene is rapidly changing, sources have told The Free Press. The Hells Angels have signed up about a half-dozen of their traditional rivals, the Outlaws, and a handful of other criminals in an attempt to take over the area's lucrative drug trade, said the sources, who have connections to the city's underworld. It's unknown if the remaining Outlaws are resisting the Hells Angels takeover. Some bikers are already wearing Hells Angels colours and Londoners could see a clubhouse for the world's largest biker gang in the city this summer, the sources said. The sources said recent incidents at several city strip clubs and nightclubs are flashpoints in the struggle. Police refused to confirm or deny the street rumours. "I can make no comment on that," said London Const. Ryan Holland. Charged with possession of a restricted weapon are David Macdonald, 30, of Parkhurst Avenue, Marcus Cornelisse, 26, of Richmond Street, and Thomas Durston, 29, of Florence Street. Macdonald faces a further charge of resisting arrest, while Durston is also charged with uttering death threats. All three appeared in court through video link and are expected to have bail hearings next week. Yesterday's incident occurred in an area where Michael Goldie-Ryder, 20, was murdered in January 1999. Goldie-Ryder was stabbed to death while trying to protect two young women caught in the middle of a knife fight. His death prompted a community-wide call for increased public safety measures in the core. Next month, 16 surveillance cameras will be installed in the core in an attempt to fight crime and violence. One of the first will be at York and Richmond streets, an area known for heavy bar traffic in the early morning hours. Another will be placed at Dundas and Richmond streets, where Jamie Williamson was fatally stabbed in March 1995 while waiting for his father. "Once the cameras get up and people know the cameras are going to get up, they won't be quite so stupid in how they behave downtown," said Lindsey Elwood, chairperson of the London Downtown Business Association. "We're going to spend and do whatever has to be done to make sure downtown is a safe place to be. If we have to subsidize security downtown, that's what we have to do," he said. The most effective safety measure is to make downtown a popular destination, he said. "The more popular and attractive we make downtown, the safer it's going to be." ------------------------------ Date: Mon, 7 May 2001 13:06:09 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: Trio arrested after gun fired at house PUBLICATION WINNIPEG FREE PRESS DATE : MON MAY.07,2001 PAGE : A7 CLASS : City EDITION : - -------------------------------------------------------------------- - -------- - ---- Trio arrested after gun fired at house - -------------------------------------------------------------------- - -------- - ---- Staff Reporter Three people have been arrested after shots were fired at a North Kildonan home on Friday evening. A 20-year-old man faces several weapons charges including careless use of a firearm and possessing an unregistered restricted weapon, police said yesterday. Two others are expected to be charged with obstruction of justice. No one was injured in the incident in which a shot shattered a window at 270 Sutton Ave. Two other bullets were fired at a parked car. Police say the shooting was linked to a previous verbal dispute but provided no further details as the investigation is ongoing. ------------------------------ Date: Mon, 7 May 2001 13:07:48 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: Man shot by party crashers PUBLICATION: The Province DATE: 2001.05.07 EDITION: FINAL C SECTION: News PAGE: A2 BYLINE: Keith Fraser SOURCE: The Province - -------------------------------------------------------------------- - -------- - ---- Man shot by party crashers - -------------------------------------------------------------------- - -------- - ---- A man was shot when a throng of young thugs crashed a Squamish house party early yesterday and attacked the partygoers with sticks and other ``blunt instruments.'' RCMP say the shooting victim was transferred from Squamish General Hospital to a hospital in the Lower Mainland with serious but non-life-threatening injuries. Five other partygoers, four men and a woman, were also taken to hospital with cuts and lacerations from the assault in the normally quiet neighborhood. RCMP Sgt. Gary Brine said more than 10 young men decided to break in on the revelry for reasons that are still not clear. ``We don't have a solid explanation for why the group showed up, and what precipitated the attack,'' Brine said yesterday. ``Several of the victims, and other people at the house party, did know some of the attackers, so there was some connection there.'' Police are still interviewing those at the party, attended by 10 or 15 people. No names were released. Brine said sticks and other blunt instruments were used in the attack but declined to be more specific. Police don't yet know the type of , which was fired at least three times. ------------------------------ End of Cdn-Firearms Digest V3 #757 ********************************** Submissions: mailto:cdn-firearms-digest@sfn.saskatoon.sk.ca Mailing List Commands: mailto:majordomo@sfn.saskatoon.sk.ca Moderator's e-mail address: mailto:acardin33@home.com List owner: mailto:owner-cdn-firearms@sfn.saskatoon.sk.ca FAQ list: http://www.magma.ca/~asd/cfd-faq1.html and http://teapot.usask.ca/cdn-firearms/Faq/cfd-faq1.html Web Site: http://teapot.usask.ca/cdn-firearms/homepage.html FTP Site: ftp://teapot.usask.ca/pub/cdn-firearms/ CFDigest Archives: http://www.sfn.saskatoon.sk.ca/~ab133/ or put the next command in an e-mail message and mailto:majordomo@sfn.saskatoon.sk.ca get cdn-firearms-digest v03.n198 end (198 is the digest issue number and 03 is the volume) To unsubscribe from _all_ the lists, put the next five lines in a message and mailto:majordomo@sfn.saskatoon.sk.ca unsubscribe cdn-firearms-digest unsubscribe cdn-firearms-alert unsubscribe cdn-firearms-chat unsubscribe cdn-firearms end (To subscribe, use "subscribe" instead of "unsubscribe".) 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