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Armed Citizen

William Tyler had lived alone for many years in his small house at the end of Rnob Road in Monroe County, Tenn., and this was not the first time his home had been burglarized. But one night, the phone lines had been cut and the shadowy figure outside his house was undeterred by Tyler's warning. Tyler had no choice but to wait up all night with his gun in hand. At daylight, he made his way to a local grocer to call a friend for help, who agreed to meet him back at Tyler's house. Upon returning to his house alone, Tyler found a hatchet-wielding intruder in his house, who began to attack. Tyler endured several blows to the head before he was able to escape, retrieve his gun and fire a shot. Despite this, the intruder kept coming, and it was only then that Tyler shot him. The intruder died at the scene. "It appears to have all the ingredients of a self-defense case," said Det. Sgt. Mike Morgan. (Daily News Express, Monroe County, TN, 12/12/04)

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A string of armed robberies finally came to an end in Wilmington, Del., when one victim fought back. Michael Brown had been on a three-month robbery spree when he decided to rob a local liquor store. When he displayed his gun, the store owner produced a gun of his own. Brown fled, but a police officer who was patrolling the neighborhood spotted the man fleeing. He was able to track down Brown, who was found hiding under a porch. Brown was linked to at least three other armed robbery attempts and was charged with each of them. (The News Journal, Wilmington, DE, 12/13/04)

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"The restraining order was not worth the paper it was printed on," said the victim's mother, but her daughter, Joy Burgess, knew it long before that night. Burgess was two days away from a court appearance in which her husband, Brian Gathing, was charged with domestic trespassing. This charge was only one in a string of charges pressed by his wife, which caused him to be jailed five times in five months. But that night Gathing cut her telephone lines and used a shovel to break her door open. Their 6-year-old daughter was asleep in the back room, and Burgess was not taking any more chances when she saw Gathing coming. Gathing was later pronounced dead at the scene from a single gunshot to the chest. No charges will be filed against Burgess, according to local officials. (Winston-Salem Journal, Winston-Salem, NC, 12/04/04)

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A Lake Waccamaw, N.C., store manager was stocking his shelves 15 minutes before closing when an armed robber burst into the store and fired a shot. He then ordered the manager and other employees into the back room. One employee, however, "just sort of froze," and the robber went to grab her. This gave the manager a chance to retrieve his own gun, which he fired, hitting the robber at least twice. The slain gunman was pronounced dead at the scene. Authorities believe that he was behind at least one other armed robbery in the area. (Fayetteville Observer, Fayetteville, NC, 11/30/04)

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Leonard Camage of Macomb, 111., does not like to admit he is in his 80s, but even so, he was able to fight off a home intruder more than 60 years his junior. The incident began when Gamage heard banging at his front door. When he opened the door, a man shoved his way inside and began to wrestle with Gamage, who was trying to make his way to his rifle. "I have not had my hands on that rifle for five or six years," he said. "I didn't even know if it was loaded." Once Gamage had the rifle in hand, he threatened the intruder who seemed undeterred. When the intruder lunged again, Gamage shot him in the foot and held him until police arrived. (Journal Star, Macomb. IL, 12/06/04)

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"He didn't know my wife was a pit bull in a skirt," said John Moss, whose wife was accosted as she was getting out of her car. Felicia Moss of Pembroke Pines, N.C., was coming home to her apartment complex one afternoon when a man with a gun walked up to her and demanded money. Moss instead pulled out her pistol and a struggle ensued. Moss then shot the thief, who fled on foot, leaving behind a stolen vehicle. Shortly thereafter, a man fitting the same description approached another woman, demanded her keys and sped off. No one has been apprehended in either incident. (The Herald, Pembroke Pines, NC, 10/19/04)

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Standing Guard


Wayne LaPierreWith the release of the painstakingly researched and clearly written U.S. Dept. of Justice (DOJ)"memorandum opinion" strongly supporting the Second Amendment as an individual right, the legal landscape for firearm owners has changed dramatically. The conclusion of this exhaustive analysis-with its 437 footnotes and citations-is remarkable:

"... [0]ur examination of the original meaning of the Amendment provides extensive reasons to conclude that the Second Amendment secures an individual right, and no persuasive basis for either the collective-right or quasi-collective-right views. The text of the Amendment's operative clause, setting out a 'right of the people to keep and bear Arms,' is clear and is reinforced by the Constitution's structure." (www.usdoj.gov/olc/secondamendment2.htm)

Simple enough. But what makes this landmark opinion so important is what supports it-overwhelming legal scholarship. Released in mid-December, DOJ's findings have been largely ignored by the mainstream media, not out of loathing, but out of fear. What they fear most is not its conclusion, but the quality of research that gives it such depth.

The ban-the-gun crowd is always talking about "sensible first steps," but for those among us who are not yet gray at the temples, let me tell you about the most critical first step in our legal and historic defense of the Second Amendment.

It happened with the birth of the NRA Institute for Legislative Action (ILA)-now celebrating its 30th anniversary. Harlon Carter, lLA's first executive director, told his brand-new staff that without a body of scholarship, the Second Amendment might be rendered moot by a future U.S. Supreme Court. As with a lot of things about the future, he was right.

Until the appearance of the gun-ban movement in the late 1960s and the enactment of a series of onerous Federal antigun laws, the meaning of the Right to Keep and Bear Arms had been a given, or at least an assumption. In 1975, pro-Second Amendment research was thin, so Carter and his staff set out to find a core group of scholars, writers and legal experts dedicated to the same bedrock cause-protection and preservation of the Second Amendment.

In truth, they found each other. The creation of a no-compromise lobby-through NRA-ILA-was a magnet. Today, the members of this pivotal "think tank" are at the top of their fields and among those whose studies and influence has given such impeccable credence to the DOJ memo. Among this expanding core are: Stephen P. Halbrook, Don B. Kates, Jr., David T. Hardy, Robert Dowlut, Glenn Harlan Reynolds, David B. Kopel, Joyce Lee Malcolm, Nelson Lund, Ray Diamond, Eugene Volokh, Sanford Levinson, William Van Alstyne, Robert J. Cottrol, Clayton Cramer and David I. Caplan. And these talented people are mentoring new generations of legal scholars and writers whose work will be of critical value today and in the future.

Equally valuable and equally incalculable have been the contributions of NRA members from all walks of life- practicing and supporting the Second Amendment-who have made this turning point possible. Little that has been done to secure our firearm liberty-in the legislative realm, in the political arena, in the courts and in academia-would have been possible without your dedication and perseverance-pooling resources, combining talents and providing crucial funds to achieve our shared victories.

Had NRA not been strong politically, winning major victories in multiple election cycles, including the election and reelection of President George W. Bush ... Had NRA not worked to transform Congress and state legislatures so we could take back lost ground, like reforming the onerous provisions of the 1968 Gun Control Act, assuring the sunset fell on the Clinton gun ban, and enacting state preemption statutes ... Had NRA not aggressively pursued passage of right-to-carry laws in 38 states and hunter protection laws in 50 states ... Had NRA not done its utmost to promote Project Exile and encourage firearm ownership through its 178 education and safety programs .... Had we not done all of those things, the Second Amendment would be on the scrap heap of history.

Some believe these milestones have been achieved through the natural course of history when, in truth, we have prevailed because we left nothing to chance. Ever.

Just as our past forms the basis of our strength today- we have much work left to do: supporting judicial nominees who believe in the Second Amendment as an individual right; stopping the abuse of the courts by greedy trial lawyers and gun-ban politicians; and working to assure that our children will possess and exercise the same Freedom we enjoy today.

We must harness every resource at hand to assure the sanctity of the Second Amendment into the future, once again fighting on principle, setting a clear vision and raising the financial contributions that will continue to turn enormous threats into freedom's successes.

Each of us must tell the NRA story-the scope of NRA's accomplishments-in asking fellow gun owners to join our cause. That story must start with where we have been and what we have achieved from milepost to milepost in Freedom's name.

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The President's Column

Kane B. Robinson

Respect. Strength. Activism. Hard work. Those are terms used today to describe us-the 4 million members of the National Rifle Association. We are whom America's 80 million gun owners and 16 million hunters look to for defense of their rights. We hold the respect of the American people who recently elected a pro-gun White House and U.S. Congress. While many elected officials admire us, enemies of our freedom remain. In many ways, the real work and activism of NRA members begins now - after the elections. The help of every NRA member must be brought to bear to defeat serious threats to our rights and to make lasting advances in the next year.

Lawsuit Preemption. During the Clinton-Reno Administration, the anti-gunners cooked up a scheme to ban firearms by using government-financed lawsuits to bankrupt gun manufacturers. It may seem "frivolous" to hold a lawful manufacturer liable for the criminal actions of a third party, but these lawsuits are not frivolous at all! They represent a deliberate conspiracy to bleed companies to death with massive legal expenses. This year, Congress will consider an important law to stop these predatory lawsuits and protect our nation's firearm manufacturers.

Shooting Ranges. The anti-gun lobby doesn't just want to ban your guns. They also want to ban places to shoot. The majority of gun owners enjoy informal public ranges. They offer great flexibility, no red tape and are terrific places for parents to teach their children responsible firearm safety. Yet, the enviro-nuts and the gun banners have joined forces to pressure government agencies to shut down shooting ranges. Their phony excuses include litter, petty crime and safety concerns. In fact, any metropolitan freeway in America suffers from more litter, crime and safety problems than all the shooting ranges. With the right to firearm ownership comes the right to lawful use and enjoyment of our firearms.

Hunting. Although hunting is recognized in some states as a constitutional right, government agencies in many states have become increasingly hostile toward hunters. Hunting is being systematically killed by agency red tape, decreased hunting lands and extreme restrictions of access to places to hunt. It is being destroyed by the hostile actions of a few agencies, even to the point of subjecting innocent hunters to caustic interrogations and searches. Some agencies even cheerfully admit that most of their citations are for "inadvertent" violations. It is a calculated effort to scare and drive off hunters, and it must stop!

Land Access. Most hunters and shooters depend on public lands for places to hunt and shoot. Some can afford to pay for guides and fees to private clubs, which is fine, but most cannot afford such measures. The NRA must protect all hunters in our family, and we must work to preserve and increase public lands for hunting and shooting.

Self-Defense. This is one of the major reasons many Americans own a firearm. In Europe, particularly in England, the right of self-defense has been eliminated. The same political forces are now aggressively trying to eliminate that right in America. NRA members must always be on guard-from Capitol Hill to state legislatures - to ensure the right to self-defense is preserved.

Gun Collecting. Firearm collectors faced a dire assault when the Clinton Administration used bureaucratic harassment to reduce by 75 percent the number of licensed firearm dealers. Many of the dealers driven off were collectors. This heavy-handed harassment must be reversed. Even today, reports are growing of harassment of collectors engaged in the normal commerce of their collections and of federal paperwork requirements being used as an instrument to harass collectors who are trying to comply in good faith.

United Nations. The United Nations hates our Second Amendment. It's just that simple. The UN is on a crusade to ban your guns, calling them "small arms"-they're talking about rifles, shotguns and pistols. The NRA is constantly monitoring proposed draft trade treaties and agreements to help ensure that the UN is unsuccessful in banning your Second Amendment rights.

Washington, D.C., and San Francisco Gun Bans. Your NRA will be working hard to defeat the San Francisco gun-ban referendum. We are also setting our sights on reversing the present gun ban in Washington, D.C. Our nation's capital has one of the highest rates of violent crime in the country, yet its citizens are banned from the right of firearm ownership for self-defense.

Now that the elections are over, the real work for NRA must begin. There is much that can be accomplished and major victories can be achieved-with the continued hard work of all of us-the 4 million members of the NRA!

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