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Old March 19th, 2009, 08:37 PM   #1
W.E.G.
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Federal Judge grants Brady's motion to invalidate National Park Carry

Federal Judge grants Brady's motion to invalidate National Park Carry



-----Original Message-----
From: Philip Van Cleave
Sent: Thursday, March 19, 2009 7:23 PM
Subject: VA-ALERT: Judge temporarily blocks National Park carry



----------------------------------------------------------------------

VCDL's meeting schedule: http://www.vcdl.org/meetings.html

----------------------------------------------------------------------

Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html

----------------------------------------------------------------------

According to a breaking story on the Washington Post, a judge has

placed a temporary block on carry in National Parks because the DOI's

process in doing the new rule was "outstandingly flawed."



Oh, baloney.



Anyway, we have not seen the actual ruling.



I expect this to be appealed and hopefully to get overturned. This

might also provide the impetus to pass a bill to allow carry and

bypass the DOI completely.



However, this just goes to show you that if you get the right judge

you can get a ruling that says the moon is made of green cheese.



In the meantime you might want to stop carrying in National Parks

until we get more information on this issue.



We'll keep you updated.



http://www.washingtonpost.com/wp-dyn...=moreheadlines



http://tinyurl.com/decxmt



Judge Blocks Bush Rule Allowing Concealed Weapons in National Parks



By Del Quentin Wilber

Washington Post Staff Writer

Thursday, March 19, 2009; 5:35 PM



A federal judge today blocked a last-minute rule enacted by President

Bush allowing visitors to national parks to carry concealed weapons.



U.S. District Judge Colleen Kollar-Kotelly issued a preliminary

injunction in a lawsuit brought by gun-control advocates and

environmental groups. The Justice Department had sought to block the

injunction against the controversial rule.



The three groups that brought the suit -- the Brady Campaign to

Prevent Gun Violence, the National Parks Conservation Association and

the Coalition of National Park Service Retires -- argued the Bush

Administration violated several laws in issuing the rule.



In her ruling, Kollar-Kotelly agreed that the government's process had

been "astoundingly flawed."



The regulation took effect Jan. 9 and allowed visitors to carry loaded

concealed guns into national parks and wildlife refuges. In the past,

they had been allowed in such areas only if they were unloaded, stored

or dismantled.







-------------------------------------------

***************************************************************************

VA-ALERT is a project of the Virginia Citizens Defense League, Inc.

(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization

dedicated to defending the human rights of all Virginians. The Right to

Keep and Bear Arms is a fundamental human right.



VCDL web page: http://www.vcdl.org

***************************************************************************
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Old March 19th, 2009, 08:51 PM   #2
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just read this on MSNBC too. makes me absolutely sick.

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Old March 19th, 2009, 09:46 PM   #3
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"Last minute rule"?

The rule making process took MONTHS! It's obvious which side of the aisle this "journalist" camps on.
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Old March 19th, 2009, 10:18 PM   #4
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Old March 19th, 2009, 11:23 PM   #5
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Link to opinion
http://www.nraila.org/media/PDFs/nat...tervention.PDF
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Old March 20th, 2009, 12:01 AM   #6
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This will never stand.
Idiot judge will be be slapped down,pronto.
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Old March 20th, 2009, 01:05 AM   #7
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http://en.wikipedia.org/wiki/Colleen_Kollar-Kotelly be ready tho, she really looks the part
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Old March 20th, 2009, 01:29 AM   #8
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"Idiot judge will be be slapped down,pronto"

By whom? This is interesting, in that it's a direct challenge to the Executive Branch - if it stands, it allows any group you can name to find a sympathetic justice and get an injunction against the executive - something that the executive won't tolerate.

And the injunction doesn't mean anything:

"Defendants shall be enjoined from implementing or enforcing the Final
Rule published in the Federal Register on December 10, 2008, that amends 36 C.F.R. § 2.4"

It's already been implemented, and you can't enforce a law allowing something. Oops.
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Old March 20th, 2009, 01:41 AM   #9
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Is the ruling nationwide? What court does she sit on with such authority?
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Old March 20th, 2009, 02:07 AM   #10
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Is the ruling nationwide? What court does she sit on with such authority?
No,TMK.
This ruling is absurd with no authority and cannot stand.
Vegas anyone?
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Old March 20th, 2009, 09:51 AM   #11
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These kind of injunctions aren't that uncommon and they do stand. It's actually one of the more common tools used by environmentalists to get their way when they can't win politically.

As for barring DOI from implementing its reg, that's not unheard of either.
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Old March 20th, 2009, 10:37 AM   #12
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I imagine some folks who, when camping, have carried a handgun with them either in their vehicle, in their camper or, on their person for years. Long before the latest presidential order allowing it.

Now that this has been overturned, I expect some folks will continue to do so...regardless.

Last edited by USASA; March 20th, 2009 at 11:33 AM.
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Old March 20th, 2009, 10:49 AM   #13
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As if there wasn't enough confusion over NPS carry, this will triple it. Expect non-enforcement of the prior ban in many cases, and random nasty enforcement (apparently temporarily legal) in other cases. Wonderful.

I haven't had time to read the opinion yet. What is the basis?
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Old March 20th, 2009, 10:56 AM   #14
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This makes me nearly mad enough to become the "test case"
(Wish I had more money in the bank though)
Grrrrrrrrrrr!
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Old March 20th, 2009, 11:11 AM   #15
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Quote:
I haven't had time to read the opinion yet. What is the basis?
No environmental impact study.
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Old March 20th, 2009, 11:42 AM   #16
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No environmental impact study.
and after the "study" is done, and it is found that wearing shoes has more environmental impact, then the Brady bunch should have to bear the cost of all of this BS.
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Old March 20th, 2009, 12:56 PM   #17
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Judge blocks CCW in national parks

A federal judge has blocked concealed carry in national parks and the Brady Campaign is celebrating.

That guy Workman comes out swinging with bare knuckles in his latest Seattle Gun Rights Examiner:

http://tinyurl.com/parksCCW

and if that doesn't work, try this:

http://www.examiner.com/x-4525-Seatt...ress-the-truth
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Old March 20th, 2009, 01:33 PM   #18
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Quote:
and after the "study" is done, and it is found that wearing shoes has more environmental impact, then the Brady bunch should have to bear the cost of all of this BS.
To make a point NRA should sue the DOI for allowing shoes to be worn in parks. They can use me as an example where shoes are unnecessary because I have done a 6 mile hike barefoot.

Also, they need to have a environmental study to see how much their environmental study will impact the environment.

I am going to stop visiting their dumb glacier international peace park and start going to the bob marshal wilderness where i am still free to hunt and carry guns.

Man am I fired up.

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Old March 20th, 2009, 01:47 PM   #19
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Dave, thanks again for your continued work and dedication in fighting these battles.
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Old March 20th, 2009, 01:50 PM   #20
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Good link, thanks
Maybe we could get a mod to do a thread merge -
http://www.thehighroad.us/showthread.php?t=407712
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Old March 20th, 2009, 02:04 PM   #21
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Quote:
Maybe we could get a mod to do a thread merge
You're welcome.
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Old March 20th, 2009, 02:10 PM   #22
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You're welcome.
You work fast!Thank you,Bubbles.
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Old March 20th, 2009, 02:22 PM   #23
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I can't seem to keep up with the imbecility this week ... is the idea that carrying guns harms the environment, or are they unable to make a distinction between carrying a weapon and firing it?
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Old March 20th, 2009, 02:24 PM   #24
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I wonder how quickly we can get this injunction quashed ... regrettably, this may alter plans for a visit to the Olympic Nat'l Park in August. For so long, family camping trips have been restricted to state parks, in which the right to self-defense and defense of one's family, has long been recognized in some of the NorthWestern states.
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Old March 20th, 2009, 02:28 PM   #25
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I can't seem to keep up with the imbecility this week ... is the idea that carrying guns harms the environment, or are they unable to make a distinction between carrying a weapon and firing it?
Haven't you heard? Every anti knows for a fact that carrying a gun of any kind in any way automatically means that you're going to fire it. 9 times out of 10, it also means that you'll turn into a raving lunatic.

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