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Browsing the blog archives for May, 2013.

Town Hall meeting in Dorris, CA 5-31-13

Federal gov & land grabs

What to do about the USFS Travel Management Plan’s infringement on public access in the Klamath National Forest?

Attend this meeting tonight!

Dorris City Hall

Dorris, CA.

7 p.m.

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BREAKING: California Senate approves 8 gun control bills, including ammo registry

2nd Amendment rights, CA & OR, State gov



| by S.H. Blannelberry

Although it can’t be positively confirmed, though maybe it’s just self-evident, a majority of state senators in the Golden State are itching to push through their pro-gun control agenda, approving at least seven bills on Wednesday that further restrict the rights of law-abiding gun owners, including one bill that would set up an ammo registry.

That’s correct, under Senate Bill 53, responsible gun owners would be required to submit personal information to the state, undergo a background check and pay a $50 fee before being allowed to buy ammunition. Their information would be stored in a state database controlled by the Justice Department and the individual would have to present photo ID at a gun store upon making an ammo purchase.

Additionally, gun dealers and ammo vendors would be required to obtain special permits to sell ammunition. Those gun owners or gun dealers/ammo vendors who fail to follow the law would face misdemeanor charges.

Excerpt from SB 53:

(1) Existing law requires the Attorney General to maintain records, including among other things, fingerprints, licenses to carry concealed firearms, and information from firearms dealers pertaining to firearms, for purposes of assisting in the investigation of crimes, and specified civil actions.

This bill would require the Attorney General to also maintain copies of ammunition purchase permits, information about ammunition transactions, as specified, and ammunition vendor licenses, as specified, for those purposes.

Sen. Kevin De Leon (D-Los Angeles), the bill’s sponsor, spoke to the LA Times about the objective of SB 53, which according to him is “to ensure that criminals and other dangerous individuals cannot purchase ammunition in the state of California.”

“To purchase a product that has the potential to maim or kill another human being you can (now) walk into a gun store, no questions asked,” he continued. “I think that’s a little outrageous.”

However, not everyone in the state Senate voted for the measure, which passed by a vote of 22-14. Sen. Jim Nielsen (R-Gerber), one of the bill’s staunchest opponents, believes that it’s a huge government overreach.

“We are criminalizing legal, historic behavior in the state of California and putting onerous burdens and regulations and requirements on law-abiding citizens,” Nielsen told the LA Times.

As for the other bills the Senate approved, they include (Sources: NRA-ILA/USA Today/Opposing Views):

SB 374, which as the NRA-ILA noted, essentially bans the sale, purchase and manufacture of virtually all semi-automatic rimfire and centerfire rifles that do not have a fixed magazine and requires those who currently own such firearms (so called ‘assault weapons’) to register them with the state.

SB 396, a ban on standard capacity magazines that hold more than 10 rounds.

SB 47, a bill that places onerous restrictions on “bullet buttons.”

SB 567, a bill that would reclassify certain shotguns as :assault weapons.”

SB 683, a bill that would require all gun buyers to take a firearm-safety certificate class.

SB 755, which would expand crimes that would result in a 10-year ban on owning or buying firearms. Additions include drug- and alcohol-related offenses, hazing, violations of protective orders and court-ordered mental health treatment.

“We all can recite the horrific acts that have occurred in our country over the last year,” Senate President Pro Tem Darrell Steinberg (D-Sacramento), said after the bills were approved. “These bills attempt to respond to those well publicized tragedies and many more that go unpublicized.”

It should also be noted that on Tuesday, yesterday, the state Senate also approved a SB 108, which would require all gun owners to keep their firearms under lock and key whenever they leave their property.

“A gun is left on a dresser, a kitchen table, and the responsible adult is not there. And somehow a child picks it up, plays with it, and does harm to him- or herself,” said Senator Leland Yee (D-San Francisco), who touted the bill as a way to reduce accidental gun deaths involving children.

Gun owners who fail to secure or safely store their firearms while absent from their home will be liable should anything happen.

All of these bills will now head over to the California State Assembly for consideration.

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Farmer acquitted of producing milk without license

Agriculture, cattle, Farmageddon


May 28, 2013 | 10:04 am | Modified: May 28, 2013 at 3:00 pm

It is a sad fact of modern life that seemingly everything is both heavily regulated by the government and politicized. This applies to, yes, even cow’s milk. Witness the case of Wisconsin farmer Vernon Hershberger, who was prosecuted for selling raw milk to willing consumers — in this case friends and neighbors:

The Wall Street Journal reports:

Jurors found Vernon Hershberger, a 41-year-old Loganville, Wis., farmer, innocent of producing milk without a license, selling milk and cheese products without a license, and operating a retail establishment without a license. He was found guilty of one count of breaking a holding order issued by the state in June 2010, which barred him from moving any of the food he produced without a license.

The verdict means Mr. Hershberger can continue to sell his farm’s products to members of the buying club he started, said one of his attorneys, Elizabeth Rich. He faces as long as a year in jail and $10,000 in fines for the one guilty count; a sentencing date has yet to be announced.

“This is a huge win for food rights,” said Liz Reitzig, a founder of Farm Food Freedom Coalition, a group advocating for greater consumer access to natural, unprocessed food. The case “should give small farmers renewed courage to continue to operate within their communities.”

Milk is commonly pasteurized to remove harmful bacteria, but advocates of raw milk say the process also wipes out many beneficial nutrients. Raw milk can be consumed on the farm but can’t be sold legally in many states, including Wisconsin.

The case followed a nearly four-year investigation of Mr. Hershberger and his farm, Grazin Acres LLC, by the state, the No. 2 dairy producer after California. During deliberations, which capped a five-day trial in Sauk County Circuit Court, dozens of farmers, food-rights activists and Hershberger family members filled the courthouse, sharing raw milk from Mr. Hershberger’s farm. (Emphasis added.)

The prosecution might have made sense if the consumers were not aware that the milk was not pasteurized but there is no evidence that was the case. In fact, it appears that people bought Hershberger’s product precisely because it was raw. The milk was apparently sold to only 200 people that Hershberger considered “part owners in the farm.”

So, why was the state eager to prosecute Hershberger? As the Journal article notes, it is being lobbied to do so by the “Wisconsin Safe Milk Coalition,” an industry lobbying group that doesn’t like competition from raw milk farms and is trying to bully them.

Meanwhile, many vegetarians and radical animal rights activists are anti-milk, arguing that drinking any form of it is both unhealthy and cruel to cows. People for the Ethical Treatment of Animals once went so far as to urge college students to drink beer instead. (As if they needed any encouragement to do that.)

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SPAWN: Experts call Marin’s creekside development proposal too weak

Salmon and fish

Posted:   05/28/2013 03:48:00 PM PDT

Scores of scientists and academics are urging Marin County officials to crack down on development near creeks in the San Geronimo Valley to protect endangered coho salmon.

In a letter circulated by the Salmon Protection and Watershed Network, a number of fisheries experts and others assert that without tougher regulations, “development in the San Geronimo Valley will likely lead to extirpation of coho salmon from the watershed, making the recovery of coho salmon in the Lagunitas Creek watershed increasingly problematical.”

The letter, contending a regulatory measure under review at the Civic Center is too weak, says any development within 100 feet of creeks should be “strongly discouraged,” including occasional “ephemeral tributaries” or headwater drainage areas.

Thomas Lai, assistant director of community development, declined comment when queried about the letter on Tuesday.

Lai’s planning staff developed the creekside ordinance approved by a 6-0 vote of the Planning Commission that county supervisors will consider June 18. The measure limits creekside development but allows exceptions involving site review and permit procedures. The measure would apply to streams in unincorporated areas.



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News from Klamath Bain Crisis.org

Klamath Basin Crisis.org

* KBC NOTE: The KBRA / KHSA litigation has begun.

The tribes and KBRA supporters claimed their closed-door “agreements” would prevent lawsuits, however, as you can see below, the KBRA and KHSA dam removal schemes have a built-in process HOW to litigate.

*Klamath hydroelectric settlement agreement dispute initiation notice, sent by Craig Tucker, Karuk tribal spokesman, posted to KBC 5/29/13. “Algae is one of the main complaints used to justify destroying 4 hydroelectric Klamath River dams, posted to KBC 5/28/13.

PacifiCorp must abandon its current use of algaecidal treatments as a means to address water quality issues based on i) the results of the 2012 pilot project ii) technical comments from the Karuk Tribe and other IMIC members, and iii) the opposition to application of chemical treatments to the Klamath River from Tribes based on religious and cultural grounds.”

 See Green Corps-trained Craig Tucker on our Whose Who page, and his campaign to create the “largest dam removal project in history.”  KHSA notice by facilitator Ed Sheets

*Dispute Initiation Notice from Karuk spokesman Craig Tucker to Ed Sheets, KBRA/KHSA facilitator to share with select ‘stakeholders’, posted to KBC 5/29/13

*Karuk Tribe comments to PacifiCorp opposing algaecide to get rid of algae in Klamath River reservoirs. posted to KBC 5/29/13.

*Yurok Tribe files to shut down Klamath Irrigation;

KBRA stakeholder and “friend,” Yurok,  files through KBRA Dispute Resolution to OWRD / Oregon Water Resources Department to use KBRA’s ESA language to send “ESA Flows” to the ocean, posted to KBC 3/28/13.
* Document was sent to our farm leaders May 14, 2013.
* 2012 statement from new Klamath County Commissioner Tom Mallams Oct. 28, 2012, “I continue to oppose Klamath Dam Removal and the Klamath Basin Restoration Agreement because they are literally surrender agreements. …The KBRA started out as a noble effort to solve many of our local water issues but in the end, it simply does not deliver. There is no certainty of water for agriculture, there is no protection from the Endangered Species Act, there is no protection from the biological opinions and there is no affordable power for irrigated agriculture.”


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Join class action lawsuit vs IRS

Federal gov & land grabs

My organization, Citizens for Self Governance has funded a class action against the IRS on behalf of all groups harassed by the IRS in their filing process for non-profit status.  You can read all about it here, at www.SueTheIRS.com.  I was on Neil Cavuto’s show this week talking about the litigation, and I’ll be on Hannity next Friday (along with tons of other radio and media outlets in between).  We could use your help getting the word out.  The email below is what I’m sending to groups and interested individuals:

“Citizens for Self-Governance (CSG) has filed the first class action lawsuit in the nation, on behalf of tea parties, religious organizations and other liberty groups targeted for harassment and abuse by the IRS.  This was not only the first class action filed in regard to this issue, but it was the first litigation of any kind in the nation arising out of the IRS scandal.  The litigation is being sponsored and funded by Citizens for Self Governance, a non-profit founded by Mark Meckler, the former National Coordinator and co-founder of the Tea Party Patriots.  

The litigation, NorCal Tea Party Patriots v. I.R.S. was filed in Federal Court in Ohio (the location of the “Exempt Organizations Division” of the IRS), on Monday, May 21, 2013.  This class action lawsuit seeks to hold the IRS accountable for its actions.

If your organization (or one that you know) had its tax-exempt status delayed or denied, or if the IRS has sought excessive information from your group because of its political views, then you (or they) may be a member of this class.  The intent of the lawsuit is to make these groups financially whole, and to expose and prevent this type of behavior by the IRS in the future.

While many organizations are expressing their outrage, and that’s important, CSG has taken action on behalf of grassroots organizations everywhere, and is already on the offense against the IRS.  Our lead attorney is a former U.S. Attorney — that’s right, he was a federal prosecutor.  Because we felt it was important to have someone in charge of the case who will act like a highly aggressive prosecutor on behalf of affected groups, and who isn’t in it for personal publicity or to raise money for his own non-profit group.  We wanted someone who will go at the IRS like a bulldog  prosecutor after a gang of criminal thugs, and there is no one better than a former U.S. Attorney to do that.  We also have one of the top class action attorneys in the nation on the case.  While many organizations might ultimately seek to sue the IRS over this, very few have high level, private sector expert attorneys in the very complex area of class action litigation.  We do, because again, we are serious about prevailing against the IRS on behalf of grassroots groups.  Many will seek publicity from this scandal, and many are.  But we are here to fight the IRS, and we are here to win.

Participation in the class entails no cost to organizations participating.  All fees and costs will be covered by Citizens for Self-Governance as a service to liberty seeking organizations nationally.  We are doing this because it is core to our mission of returning power to the citizens by dispersing power away from unaccountable bureaucracies, especially tyrannical ones like the IRS.  CSG as an organization will not receive any remuneration for our participation before, during or after the litigation is complete.

If you wish to learn more about the litigation, or read the complaint, or you just want to help us help the groups who were abused by the IRS, you can do so at SueTheIRS.com.  If you are sick and tired of abuse by the IRS, and want to help us financially (all money supports the litigation), you can make a donation at the site as well.

If you have information about the IRS targeting groups or you want more information about joining this lawsuit, please contact the law firm handling the case by emailing Nichole Kruger at Nkruger@gbmglaw.com.  You may also call her at:  (816) 256-3181.

Best Regards,

Mark Meckler, President
Citizens for Self-Governance

(530) 274-9900 Office

If you wouldn’t mind forwarding this to your list, I’d greatly appreciate your assistance.  We need to get this out far and wide.

Best Regards,


Mark Meckler, President
Citizens for Self-Governance

(530) 274-9900 Office

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Drakes Bay Oyster Co. cuts ties with Washington D.C. group helping in legal battle

Agriculture, Federal gov & land grabs

By Mark Prado Marin Independent Journal

Posted:   05/29/2013 05:45:59 PM PDT

The Drakes Bay Oyster Co. has cut ties with Cause of Action, the Washington D.C.-based nonprofit that was providing it with legal help, after a dustup over a news broadcast about the oyster company and its struggle to stay open.

When former Interior Secretary Ken Salazar announced last November that he would allow the oyster farm’s lease to expire, forcing its closure, Cause of Action provided legal support to defend owner Kevin Lunny and the operation. Most recently the group provided the lead attorney at a 9th U.S. Circuit Court of Appeals hearing May 14.

But the relationship went sour after the Public Broadcasting System’s NewsHour aired a segment May 1 that Cause of Action believed depicted the oyster operation in a negative light. On May 17 it sent a 14-page missive to PBS about the program and asked it to turn over background material and outtakes from its broadcast.

Lunny felt uncomfortable that he and his wife’s name were cited in the letter, as if they had condoned it. While Lunny agreed the report was inaccurate, he was concerned Cause of Action had gone after the press. On May 22, Lunny asked the group to retract the letter, which it did, but he also cut ties with the group.

“We are thankful for their work, but they have a different approach to the media and free press,” Lunny said. “We defend freedom of the press. Our goal and mission is to save farming and farmland in West Marin and West Marin’s agricultural


Cause of Action spokeswoman Mary Beth Hutchins issued a statement: “It is an amicable separation. Drakes Bay Oyster Company is one of many noble causes that Cause of Action supports.” The statement went on, “While we are no longer working together on this lawsuit, Cause of Action hopes for nothing but the best for Drakes Bay Oyster Company.”

The head of Cause of Action, Dan Epstein, has ties to the Koch brothers, wealthy industrialists who have funded ultra-conservative and libertarian policy and advocacy groups, most notably the Tea Party. Epstein worked for the Charles G. Koch Charitable Foundation from June 2008 to January 2009.

But Lunny said any attempt to link the group to the Koch brothers is tenuous and is only made by some to discredit the oyster farm.

Drakes Bay will not be without legal representation. Briscoe Ivester & Bazel LLP, Stoel Rives LLP, and SSL Law — all with offices in San Francisco — will continue working on the case for free.

A ruling by the 9th U.S. Circuit Court on an injunction to halt the closure is expected in the coming weeks.

Contact Mark Prado via email at mprado@marinij.com



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Texas: Police Shoot & Kill Grandfather While Responding To Burglary Call

2nd Amendment rights


Police Shoot & Kill Grandfather While Responding To Burglary Call

May 28, 2013 4:59 PM

Driver’s license photo of Jerry Wayne Waller, who was shot and killed by a Fort Worth police officer on May 28, 2013.
(credit: Texas Department of Public Safety)

FORT WORTH (CBSDFW.COM) – A grandfather checking on his neighbor is shot and killed by Fort Worth police. The shots rang out early Tuesday morning near Woodhaven Country Club, in east Fort Worth.

Those close to the family say the victim lived nearby and heard his neighbor’s burglar alarm. Neighbor Jerry Wayne Waller then apparently went outside to see what was going on.

The 72-year-old man didn’t even make it to the house across the street before he was shot. He died on his own property.

The neighbors in the Woodhaven Country Club area and generally know each other pretty well. Becky Haskin, a former Fort Worth City Councilmember, lives in the area and said she believes Waller, “…was doing what neighbors do probably checking on the neighbor that the alarm went off.”

The elderly man, who was armed at the time, was shot and killed in his own driveway by police responding to a burglary call. “We heard five shots,” Haskin recalled. They were just rapid fire one after the other.”

(Vid at link above – Kathy)

Speaking on the incident Fort Worth police Cpl. Tracey Knight said, “Officers felt threatened by the man with the handgun and he was shot.”

After the shooting Haskin said, “The police officers were sobbing uncontrollably and very distraught.”

For the normally quiet and quant neighborhood, Waller’s death is devastating. Neighbors say he and his family have always been very involved in the community. “They are just a nice retired couple, that loved working in their yard, having family over, and grandkids,” Haskin said.

CBS 11 News has been trying to get more answers from Fort Worth police. The official response has primarily been that the shooting is “an ongoing investigation.”

CBS 11 has learned that the two officers involved were not hurt and have been placed on administrative leave.

Fort Worth Police Chief Jeff Halstead released the following statement regarding the shooting:

“The events that took place the early morning hours on May 28th will require a significant amount of investigative effort; however, we remain committed to working with our residents and making this process efficient and transparent.

I ask for your patience, your understanding, and most importantly, your prayers for all involved.”

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Obama supports U.N. global gun ban treaty

2nd Amendment rights

Last month, with a lot of help from Barack Obama, the United Nations passed its global gun ban treaty.

And now, Obama is expected to sign this freedom-crushing disaster as soon as June 3rd — just days from now!!

The only way you and I can stop the Obama-U.N. collusion from trampling our Second Amendment freedoms is through the U.S. Senate.

Only the Senate can ratify treaties. So I need your help to convince a strong majority of our Senators to vote NO on the U.N. Arms Trade Treaty by signing this petition today.

                        Your signed petition is the best tool we have against this attack on our gun rights and our national sovereignty. We need to line the halls of the Senate with boxes and boxes of these petitions — and every petition counts, starting with yours!

We need to send a clear message to every Senator that they have only two choices: Side with us and stop the U.N. gun ban treaty…or start looking for a new job at election time.

So please, sign your petition today…we have zero time to lose. And after you do, I hope that you’ll make a much-needed contribution to NRA-ILA so we can WIN THIS FIGHT.

We need to hammer key battleground states with hard-hitting radio and T.V. ads. We need to blanket the Senate with millions of these petitions. We need to put our grassroots boots on the ground and win every last vote we need to stop this dangerous treaty before it becomes the law of the land.

But all of this costs money, and our resources are stretched thin right now. This year, we’ve been forced to spend more than we’ve ever spent …because the attacks we’re facing have been bigger than anything we’ve ever faced before.

So please, sign your petition and then make an emergency contribution of $15, $25, $50, $100, or any other amount you can afford to NRA-ILA today. Every dollar counts, and every dollar will be spent stopping the Senate from ratifying the U.N. gun ban treaty.

Again, we have no time to lose…June 3rd is only DAYS away!

Working together, I know we can save our freedom from this unprecedented attack.

Please take action now. Thank you.

In Liberty,


Chris W. Cox
Executive Director

P.S. President Obama is threatening to sign the U.N. gun ban treaty as soon as June 3rd. You have to ACT NOW if you want to stop him and the U.N. from trampling your constitutional Right to Keep and Bear Arms.

So please, sign this petition as soon as you can. And when you do, please make an emergency contribution to NRA-ILA to help us win this fight!

NRA-ILA is putting every last ounce of our strength and energy into stopping the ratification of the U.N. gun ban treaty. But our efforts could fall short unless you help today.

I know we can win with your support. Thank you.

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California Senate votes to revoke Boy Scouts’ nonprofit status

State gov

    By Laurel Rosenhall

Published: Thursday, May. 30, 2013 – 12:00 am
| Page 3A

Last Modified: Thursday, May. 30, 2013 –  8:50 am

Even as the Boy Scouts of America moves to allow gay youths to join its troops, the California Senate on Wednesday passed a bill that would revoke the organization’s nonprofit status because it does not permit the participation of openly gay adults.

“They are out of line with the values of California and should be ineligible for a tax benefit paid for by all Californians,” Sen. Ricardo Lara, D-Bell Gardens, said as he introduced his bill. “SB 323 brings our laws into line with our values.”

The measure calls for revoking the tax-exempt status of youth groups that discriminate against participants on the basis of sexual orientation or gender identification.

While the text of the bill does not specifically mention the Boy Scouts, analyses of the legislation and discussion among senators Wednesday made clear that it targets the organization.

Read more here: http://www.sacbee.com/2013/05/30/5457390/california-senate-votes-to-revoke.html#storylink=cpy

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