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Judge denies motion to wipe clean Arpaio’s criminal conviction

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U.S. District Judge Susan Bolton said she dismissed Arpaio’s criminal contempt case after President Donald Trump decided to issue a pardon. But in an order denying Arpaio’s motion to vacate all records of the conviction, Bolton said not even the president can erase facts.

The no-nonsense sheriff was found guilty in late July. Bolton ruled then that Arpaio had exhibited a “flagrant disregard” of a court order that barred him from rounding up undocumented immigrants. In her ruling, Bolton cited as evidence several comments Arpaio had made to the media.

“Why are they going after this Sheriff? Well we know why. Because they don’t like me enforcing illegal immigration law,” Arpaio was quoted as saying in an April 2012 interview with CBS.

“I’m still going to do what I’m doing,” he told PBS Newshour that same month. “I’m still going to arrest illegal aliens coming into this country.”

After hinting at it during a campaign style rally in August, Trump eventually pardoned the former sheriff. That spared the 85-year-old from up to six months behind bars. But that’s not enough for Arpaio. His lawyers say the pardon entitles him to the erasure of any record of the conviction.

“The President’s pardon moots the case, and it warrants an automatic vacatur of all opinions, judgments, and verdicts related to the criminal charge,” Arpaio’s lawyers wrote in a motion in late August.

Quite the contrary, says Bolton. “The power to pardon is an executive prerogative of mercy, not of judicial record-keeping,” she wrote in her order, citing a previous court case.

Jack Wilenchik, one of Arpaio’s attorneys, told Capitol Media Services that the record of the conviction could be used against the former sheriff in future cases. “We’re not asking to undo facts,” he said.

“We’re not asking for expungement,” he continued. “There’s no such thing in federal law.”

Wilenchik said the pardon functions as if someone had died prior to sentencing or before having a chance to appeal. “The whole case gets undone,” he said.

Bolton disagrees. “Indeed, a pardon ‘carries an imputation of guilt; acceptance a confession of it,’” she wrote, citing earlier court precedent.

“The Court found Defendant guilty of criminal contempt,” Bolton wrote. “The President issued the pardon. Defendant accepted. The pardon undoubtedly spared Defendant from any punishment that might otherwise have been imposed. It did not, however, ‘revise the historical facts’ of this case.”

Arpaio’s lawyers have already filed paperwork to appeal the decision.

“It’s not going to be dropped,” Arpaio said.

Sight Alignment & Mag Grip – Did you know?

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Be honest … when you first began shooting did you know that you could adjust the sight alignment? Were you also aware that sight alignment, mag grip and hand positioning are key in shooting accuracy? I didn’t.
I remember purchasing my first firearm, a Smith & Wesson M&P 9c AKA ‘Method Man’, and no matter how much I practiced I could never seem to hit the intended target. I did much better using Tim’s full size 9mm and his Neos U22 Beretta but my new firearm, not so much. My grouping was all over the place and I had one hell of a hand “jerk”. As a new shooter, I knew my accuracy would not be perfect but I felt I should see some improvement with time. Tim explained a few things to me, 2 of which I still deal with today; sight alignment and mag grip.
I’ll start with sight alignment. Many people are unaware of the ability to adjust this, I was one of those people. I would, and still do, move position, stance as well as sight picture in an attempt to solidify my grouping but nothing seems to work. (Side note: sight alignment correction was in the process of being done as I typed this. Even though the Allen wrench loosened the screw it would not move. After review, purchasing a sight pusher was recommended but before doing that, using a bench rest to assure an adjustment is actually needed was also recommended. Next step, finding an affordable bench rest to use for the next range visit.)
Secondly, the purchase of Method Man included two magazines. The mag grip with the ‘pinky extension finger rest’ is a better fit for me when shooting. I noticed my trigger pull technique is more fluent when I use that one instead of the one without the extension. I have a better grip on the handle which in turn gives a smoother trigger pull and helps my accuracy. Once the sight alignment is corrected I do believe that I will have better accuracy and superb grouping. I am going to claim that right now.
As I go through this process I will be sure to share and hope that anyone else in the group would share their stories as well. We can all learn from one another. I would love to hear more from the ladies in the group so I know I am not alone.

House Dems propose bills to stop online ammo sales, ban mags

House | News | Politic

House Democrats have introduced a number of new gun control measures in the wake of a deadly mass shooting in Las Vegas.

Among the proposals are HR.3962 to ban online ammunition sales, H.R. 4025 requiring gun dealers to report the sale of two or more rifles to the same person in a five-day period, and HR. 4052, which would ban magazines able to hold greater than 10 rounds.

“Several of my colleagues and I have introduced commonsense legislation that, if enacted, would reduce gun violence and the tragic impact it has on our communities,” said U.S. Rep. Bonnie Watson Coleman, the New Jersey Democrat sponsoring the Stop Online Ammunition Sales Act.

Coleman’s proposal is much like a state law approved last year by voters in California in the respect that it would require federally licensed ammo dealers to directly confirm the identity of those buying ammo over the Internet by verifying a photo I.D. in-person. Also, the measure would require the vendor to report any individual sales of more than 1,000 rounds in a five-day period to the U.S. Attorney General. Garnering 29 co-sponsors, all Democrat, the measure has been referred to the House Committee on the Judiciary.

Gun reporting

The Multiple Firearm Sales Reporting Modernization Act, sponsored by U.S. Rep. Norma Torres, D-Calf., would require FFLs to report the sale of two or more long guns to the same buyer within a five-day period to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Currently, dealers must report multiple handgun sales while a 2011 rule that requires only dealers in Arizona, California, New Mexico and Texas report multiple rifle sales. Under the new proposal, it would be the law of the land.

“This bill is a long-overdue update,” said Torres. “Our law enforcement agencies need to know if anyone is stocking up on AR-15s and AK-47s.”

The measure, referred to the Judiciary Committee, has three co-sponsors including Nevada Democrat Dina Titus, whose district includes Las Vegas.

Magazine restrictions

Billed as the Keep Americans Safe Act, Connecticut’s Elizabeth Etsy would ban detachable magazines capable of holding more than 10 rounds. Backed by several gun control groups including the Brady Campaign and the Coalition to Stop Gun Violence, Esty contends it is needed for public safety.

“There is simply no good reason why sportsmen and women need more than 10 rounds in a magazine,” said Esty in a statement. “No sportsman or woman needs 30 rounds to kill a deer. It’s shameful that we protect our deer better than we protect our people.”

Referred to the Judiciary committee, Esty’s bill has 85 partisan supporters including virtually Nevada’s entire delegation to the House apart from U.S. Rep. Mark Amodei, a Republican whose district hails from the more conservative Northern part of the state including Reno and Carson City.

The bills join measures to ban bump stocks and other devices that can accelerate a gun’s rate of fire, mandates for smart gun use, expanded background check proposals and efforts to increase federal funding for gun crime research, all introduced in the past two weeks.

4th Green Beret missing after Niger ambush has been found dead

House | News | Politic

 

US officials say an American soldier missing for nearly two days in Niger has been found dead. He was one of four US troops killed in a deadly ambush.

His body was found and identified Friday after an extensive search. Four Niger security forces were also killed.

The Department of Defense on Friday also identified the first three Green Berets killed as Staff Sgt. Bryan C. Black, 35, of Washington; Staff Sgt. Jeremiah W. Johnson, 39, of Ohio; and Staff Sgt. Dustin M. Wright, 29, of Georgia.

The name of the fourth Green Beret killed has yet to be released.

US officials say they believe extremists linked to ISIS were responsible for the attack about 200 kilometers north of Niger’s capital of Niamey.

The joint patrol of US and Niger forces were leaving a meeting with tribal leaders and were in trucks. They were ambushed by 40-50 militants in vehicles and on motorcycles.

Eight Niger soldiers and two US troops were wounded. The officials weren’t authorized to discuss the matter publicly and spoke on condition of anonymity.

Gun stocks surge amid administration plans to ease export rules

News | Politic

 

Stocks for major gun makers surged Tuesday after a report surfaced claiming the Trump administration will ease export restrictions on small arms effective next year.

Four senior U.S. officials told Reuters the rule change would shift oversight of commercial arms sales from the State Department to the Commerce Department — giving American manufacturers more leeway to sell guns internationally, creating more jobs stateside and adhering to the president’s “Buy American” policy platform.

“Commerce wants more exports to help reduce the trade deficit. Amd State wants to stop things because it sees (arms) proliferation as inherently bad,” one of the officials, who spoke on a condition of anonymity, told Reuters. “We want to make a decision that prioritizes what’s more important. This will allow us to get in the (small arms sales) game for the first time ever.”

Sturm, Ruger and Co. and American Outdoor Brands — Smith & Wesson’s holding company — closed with double digit increases Tuesday. Vista Outdoor stock likewise gained more than 3 percent. The sudden boost follows a “difficult” summer for gun makers and retailers still standing in the shadow of last year’s record-breaking sales. Since the November election, stocks for Smith & Wesson and Ruger fell 50 percent and 26 percent, respectively. Both companies blame weak demand, with Smith & Wesson’s CEO predicting as much as a 17 percent decline in annual profits through 2018. Ruger’s second quarter net sales dropped 22 percent and its quarterly earnings fell by almost half compared to 2016.

The prospect of eased restrictions, however, could cure the industry’s malaise. Lawrence Keane, senior vice president for the National Shooting Sports Foundation, told Reuters the rule change would boost annual sales by as much as 20 percent.

The details of the new regulations could become public this fall before full implementation in 2018, according to the report.

Governor sidelined Nevada expanded background check law

House | News | Politic

 

Nevada’s Republican governor, Brian Sandoval, has asked for further legal guidance on implementation of a voter-approved universal background check law that never took effect.

The measure won by a thin margin at the polls last November but was suspended by Nevada Attorney General Adam Laxalt over concerns on how it would be applied. Now, Sandoval has asked Laxalt’s office to take another look at the law, the Las Vegas Review-Journal reported.

Laxalt pumped the brakes on the measure after receiving a letter from the Federal Bureau of Investigation explaining the state’s private party background checks are in the purview of Nevada’s own resources as one of the 13 “point of contact” states that conduct their own checks through a central repository. With the federal government declining to process the expanded checks directly, and the Nevada Department of Public Safety neither authorized nor funded by the ballot measure’s language to run the checks, Laxalt contends the law is unenforceable.

With backers of the measure threatening a lawsuit, Sandoval has asked Laxalt to explore the bifurcated approach that would let the FBI handle person-to-person checks and the state others, The Nevada Independent reported. This “partial point-of-contact” concept would split responsibility for background checks between the Nevada and the feds.

Everytown President John Feinblatt argues Sandoval should direct state officials to immediately work with the FBI to implement the law, pointing out that nine other states already operate as partial point-of-contact states

“It is unconscionable that, after months of refusing to enforce the will of the people, the Governor is now passing the buck,” Feinblatt said in a statement. “He doesn’t need another opinion from the attorney general—particularly not the same attorney general who starred in the NRA’s ads opposing this law.”

The referendum backed by gun control advocates, Question 1, failed in 16 of the state’s 17 counties with only voters in Clark County approving the measure, in the end passing by around 10,000 votes. The initiative was funded by a $19.7 million campaign fueled in large part by former New York Mayor Michael Bloomberg.

Republican leads bipartisan House effort to ban ‘bump stocks’

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Florida Republican U.S. Rep. Carlos Curbelo, who represents the Florida Keys area in Congress, wants to ban bump fire stocks (Photo: House Republican Conference)

 

Backers hope co-sponsors will join in supporting the legislation “Noah’s Ark-style,” with each lawmaker bringing another from across the aisle.

Florida Republican U.S. Rep. Carlos Curbelo, joined by U.S. Rep. Seth Moulton, a Massachusetts Democrat, announced their proposal Thursday, which aims to prohibit the manufacture, sale, and use of “bump stocks” which have become a hot-button item after their use in the Route 91 Harvest shooting in Las Vegas where a gunman reportedly had as many as a dozen rifles equipped with the devices.

“For the first time in decades, there is growing bipartisan consensus for firearm reform, a polarizing issue that has deeply divided Republicans and Democrats,” Curbelo, who represents the Florida Keys area in Congress, said in a statement. “Common sense legislation that does not restrict Second Amendment rights is an important first step in addressing gun violence in our country. By banning devices that blatantly circumvent already existing law, we can show that Congress is capable of working constructively to make Americans safer.”

Moulton, Curbelo’s opposite from across the aisle, made headlines earlier this week when he refused to participate in a moment of silence on the House floor for the Las Vegas victims. He argued for action instead.

“It’s time for Members of Congress to find the courage to come together and finally do something to help stop the epidemic of mass shootings,” said Moulton.

The new proposal would compete with S.1916 and HR 3947, a pair of partisan bills introduced on Wednesday by Democrats banning both bump and slide-fire style stocks as well as “crank triggers” with exceptions for military and law enforcement use.

While the language of the Curbelo-Moulton act is not available, the Democrat proposal seemingly has no provision outlined to grandfather the thousands of stocks and triggers already in circulation.

Several Republicans have voiced support for a ban on the devices while House Majority Leader Paul Ryan said he was open to a vote on the matter.

It’s not just GOP members in Washington looking to outlaw the ATF-approved accessories which until last week were uncontroversial. Republican governors John Kasich of Ohio and Charlie Baker of Massachusetts also came out this week as backing a prohibition on bump fire stocks with Baker going so far as saying he would sign such a bill “tomorrow” if it was sent to him by lawmakers.

However, there at least a few Republicans are non-committal on an outright ban, with Montana’s entire Congressional delegation– including Democrat U.S. Sen. Jon Tester– shying away from the concept as a block at least until they get more information on the subject.

“I think we should hold a hearing on the issue so we can hear from firearms experts, disability advocates, and law enforcement,” said Tester.

Gun rights groups are wandering in the political landscape on a looming prohibition with NRA Executive Vice President and CEO Wayne LaPierre saying it may be time to “take a look at that and see if it’s in compliance with federal law, and it’s worthy of additional regulation” which some Dems have characterized as a dodge. The more conservative Gun Owners of America, meanwhile, is staunchly against any ban.

The devices are already reportedly illegal in California and New York while Democrats in New Jersey and Washington are backing statewide prohibitions of their own.

Gun stocks fluctuate as investigation into Vegas shooting deepens

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Las Vegas Metro Police and medical workers stage in the intersection of Tropicana Avenue and Las Vegas Boulevard South after a mass shooting at a music festival on the Las Vegas Strip in Las Vegas, Nevada, U.S. October 1, 2017.

 

 

Share prices for most gun makers ended on a high note Thursday as the ongoing investigation into the Las Vegas shooting triggers swings in the market.

Sturm, Ruger and Co. and Vista Outdoor made small gains after the National Rifle Association said the federal government should reexamine bump stocks — a legal modification to rifles mimicking automatic fire. American Outdoor Brands slipped less than one percent Thursday after posting a 4 percent increase 24 hours after the shooting.

“We didn’t talk about banning anything,” Chris Cox, NRA-ILA’s executive director, told Tucker Carlson during an interview Thursday on Fox News. “We talked about the ATF going back and looking at if these (bump stocks) comply with federal law.”

Bump stocks made headlines this week after the Bureau of Alcohol, Tobacco, Firearms and Explosives confirmed 12 of the modification devices were found in 64-year-old Stephen Paddock’s two-room suite on the 32nd floor of Mandalay Bay and Casino. Paddock perpetrated the deadliest mass shooting in American history Sunday when he fired into a crowded country music festival from the windows of his hotel room, killing 58 and wounding 489 others.

Stocks for ShotSpotter — described as a “global leader in gunfire detection and location technology” on its website — jumped nearly 12 percent Thursday after the NRA’s public statement. Congressional Republicans likewise expressed public support for considering a bump stock ban, or at the very least, a review of the devices.

“Fully automatic weapons have been banned for a long time, apparently this allows you to take a semi-automatic and turn it into a fully automatic, so clearly that’s something we need to look into,” House Speaker Paul Ryan said Thursday.

Authorities still don’t know why Paddock, a retired accountant and frequent gambler, attacked the Route 91 Harvest Festival. Local and federal investigators found no ties to international terrorism while the gunman’s brother, Eric Paddock, insists he wasn’t particularly religious or partisan.

“What we know is Stephen Paddock is a man who spent decades acquiring weapons and ammo and living a secret life, much of which will never be fully understood,” Clark County Sheriff Joe Lombardo said Wednesday. “He meticulously planned on the worst domestic attack in United States history.”

New details in the case have emerged over the last four days indicating Paddock may have planned to target the Life Is Beautiful music festival a week earlier after evidence connected him to an Airbnb rental at a condominium within the festival’s 18-block boundary. Lombardo wouldn’t speculate why exactly the gunman rented the rooms.

He would confirm, however, Paddock checked into his room at Mandalay Bay on Sept. 28 where spent the next three days stocking his room with an arsenal of nearly two dozen firearms, including 12 modified with bump stocks. Authorities also found chemicals used to make explosives and 1,600 rounds of ammunition in his car.

“Our resolve is strong,” FBI Special Agent in Charge Aaron Rouse said during a press conference Wednesday. “We will get to the bottom of this, no matter how long it takes.”

Gov. Scott signs Florida emergency concealed carry bill

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It will now be legal for gun owners in the Sunshine State to temporarily carry concealed handguns without a permit during periods when the sun isn’t shining so bright.

Now law is a measure to allow law-abiding citizens without concealed carry licenses to bear arms during declared mandatory evacuations. A reboot of a failed 2014 bill that was killed in last minute political maneuvering, this session’s effort had an easier go of it after police lobby groups embraced the proposal. It passed the Republican-controlled Senate in an easy 29-10 vote while the House last month approved it by a 86-26 margin.

“As Hurricane Season approaches it’s critical that our rights are protected during natural disasters,” advised Sen. Jeff Brandes, R-Petersburg, in a statement. “With the signing of SB 290, all lawful gun owners will be permitted to carry a concealed weapon if they are complying with a mandatory evacuation during a state of emergency. I’m proud to have sponsored this bipartisan bill ensuring that we have the right to protect our families during these sometimes chaotic times.”

Brandes bill, SB 290, creates an exception to Florida’s prohibition against concealed carry of a weapon without a permit by allowing adults not otherwise prohibited from possessing a firearm to temporally do so while evacuating. The law allows for a 48-hour window that this would be allowed after the evacuation has been ordered. However, the governor can authorize an extension as needed.

Such evacuation orders occur frequently in the state, most often associated with hurricane threats. Florida, with hundreds of miles of coastline in the North Atlantic and Gulf of Mexico, is prone to severe hurricanes. Since 2000, no less than 63 tropical or subtropical cyclones have affected Florida, more than any other state.

Second Amendment advocates in the state refer to the new law as true common-sense gun legislation.

“This bill is a no-brainer, particularly in Florida with our hurricane exposure,” Marion Hammer, president of the Unified Sportsmen of Florida and past president of the National Rifle Association, told Guns.com Thursday. “When you’re ordered to evacuate — to take your kids, your dog and valuables and flee — the last thing you should leave behind is your gun.”

People have a responsibility to defend themselves and their family, “so taking firearms with you is not only your right, it is your responsibly,” said Hammer.

The law was effective Thursday at signing while the Atlantic hurricane season begins June 1.

NFL Michael Bennett Police singled me out put a gun near my head

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Michael Bennett, a defensive end for the National Football League’s Seattle Seahawks, said Wednesday that police used racial profiling and excessive force when they pointed guns at him during an incident after the Mayweather-McGregor fight in Las Vegas last month.

Bennett, who is among the most well-known players to sit in protest for the national anthem before games, shared his account of the story in a letter he posted to Twitter on Wednesday. According to his statement, the incident occurred early in the morning on Aug. 27, after the Mayweather-McGregor fight.

While leaving an after party at a casino, Bennett said he was going back to his hotel when a crowd of people heard what sounded like gunshots, and he instinctively ran away from the sound, looking for a safe place to take cover.

Then, Bennett said, “Las Vegas police officers singled me out and pointed their guns at me for doing nothing more than simply being a black man in the wrong place at the wrong time.”

“A police officer ordered me to get on the ground,” Bennett continued. “As I laid on the ground, complying with his commands to not move, he placed his gun near my head and warned me that if I moved he would ‘blow my fucking head off.’”

Another officer then came over and jammed his knee into his back, Bennett claimed, causing him to have trouble breathing. The officer then handcuffed the football star, cinching the cuffs so tight Bennett said he lost feeling in his fingers.

Bennett describes feeling helpless and fearing for his life during the incident. When asking the officers what he had done, he said they replied by telling him to shut up and then took him to the back of a patrol car.

The officers eventually released Bennett, and Las Vegas Metropolitan Police Undersheriff Kevin McMahill said at a Wednesday press conference that his department had launched an investigation into the incident and that Bennett had been detained for a total of 10 minutes.

McMahill said that so far he had found “no evidence that race played any role in this incident” and also noted that both of the officers who detained Bennett were Hispanic. The officers were responding to a call of battery and assault with a gun that had evolved into an active shooter situation.

As officers conducted a search inside and outside of Drai’s nightclub, the area where shots were supposedly heard, the scene became chaotic, with many people running from the club and casino in a panic. The officers then spotted Bennett crouched behind some machines, McMahill said, and Bennett then darted outside with the officers pursing him. The officers then took Bennett down and detained him.

McMahill said the officers explained the situation to Bennett, and at the time Bennett had no problem with how officers handled it, except for putting a gun to his head. During the press conference, McMahill played a video of officers searching the casino, with hordes of people running from the scene. It was later found that there was no shooter in the area and the sound heard was not a gunshot.

A video released by TMZ Wednesday shows an officer handcuffing Bennett. At one point, Bennett yelled to the officer: “I wasn’t doing nothing, man. I was here with my friends. They told us to get out; everybody ran. Can you answer my question, sir?”

McMahill said he did not know why Bennett had been singled out and hoped that the investigation would clarify that. He also said that anyone with video of the incident should send it to police to help the investigation, and urged Bennett to file a formal complaint.

Bennett said he had hired Oakland civil rights attorney John Burris to explore all legal options available to him. Burris also released a statement Wednesday, claiming that his client was an innocent victim of excessive force.

“We think there was an unlawful detention and the use of excessive force, with a gun put to his head,” Burris told The Associated Press. “He was just in the crowd. He doesn’t drink or do drugs. He wasn’t in a fight. He wasn’t resisting. He did nothing more or less than anyone in the crowd.”

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