The Weapons of the American Citizenry  (the Militia) are "necessary to the security of a free state".

 Any attempt to repeal the 2nd Amendment is null and void.  Any attempt to disarm / confiscate the weapons of the American Citizenry is an Act of War. 

  April 19, 1775



   America is founded upon the belief in God.  Our rights derive from God, not governments.

  ShastaDefense Blog  (CCW Training)      Tax Problems Blog


ShastaDefense Blog

Free Posters

Posters: Pg2  Pg3
Wallpapers - pg 2


 2nd AMEND - what it is about

April 19, 1775

Resource / Reference Material



TeaPartyAmericanWayNEW.jpg (183808 bytes)


Prayer to St. Jude

Patriotic Songs - We are PROUD TO BE AMERICANS

The 10 Orders American Citizens Will NOT Obey

American Revolution Flags

Reflections Watch it and take a stand

View:   "2AToday for The USA"

Remember D-Day


View: "No Guns for Negroes" (racist history of American gun control laws)

View: "No Guns for Jews"

Gun Control is life insurance for those Government Officials scheming to steal the rest of your Bill of Rights.

Know Your Enemy

The Islamic / Sharia Threat! 

islamicthreat.jpg (224251 bytes)

bootpin.jpg (11467 bytes)



The Gang


-Theodore Roosevelt on Immigrants and being an American

-Illegal Aliens:  Invasion; National Security Threat; threat to the American Bill of Rights Culture 


-Churchill on Islam (1899)

gdhs_1883_2930191.jpg (9347 bytes)

-Nazi Repression and Gun Control
-Lethal  Laws

-Nanjing Massacre

-The Battle of Athens, Tennessee 
-She Shot the Nazi Officer ... and saved the children. - what would you do?
-Order to Seize American's Guns - Patriot's Day, April 19th


-Now is the time for Americans to Defend America

-RKBA Senate Report 1982

-American Holocaust





County takes another shot at FBI sniper
Petition asks appeals court to rehear Ruby Ridge case (source: 7-26-2000
Related stories

Harris in 1997

Betsy Z. Russell - Staff writer


Should federal agents who killed a woman and child and wounded two men at Ruby Ridge be immune from prosecution or lawsuits simply because they were doing their jobs?

The 9th Circuit Court of Appeals has answered that question two different ways -- and it's now being asked to rule again.

"The case is highly significant, and raises issues of the greatest importance and of national concern," said Stephen Yagman, a Los Angeles attorney. He is working with Boundary County Prosecutor Denise Woodbury in an attempt to prosecute FBI sniper Lon Horiuchi for manslaughter.

If Horiuchi can't be charged, Yagman said, "This changes the entire law with respect to the use of force."

During a standoff between federal agents and separatist Randy Weaver at Weaver's remote Ruby Ridge cabin in 1992, Horiuchi fired a single shot that killed Weaver's wife, Vicki, and wounded family friend Kevin Harris. The shot came as Vicki Weaver was holding open the cabin door, her 10-month-old baby in her arms, to let Harris, Randy Weaver and his daughter Sara back inside.

In its petition for rehearing, the county said it could have charged Horiuchi with second-degree murder instead of manslaughter. When Horiuchi fired, he was "mindlessly shooting to kill on sight, firing blindly a 200-yard shot through a door," the petition states. "Mrs. Weaver was killed by a wild-headed government sniper in violation of our Constitution, and still is dead."

The county tried to prosecute Horiuchi for Vicki Weaver's death, but a three-judge panel of the 9th Circuit Court ruled in June that Horiuchi couldn't be charged. The county has asked the full federal appeals court to rehear that 2-1 decision, which included a sharply worded dissent.

Dissenting Judge Alex Kozinski wrote that the decision "throws a monkey wrench into our law governing the proper use of deadly force." He added, "Perhaps most troubling, the opinion waters down the constitutional standard for the use of deadly force by giving officers a license to kill even when there is no immediate threat to human life, so long as the suspect is retreating to `take up a defensive position.' This has never been the law in this circuit, or anywhere else I'm aware of, except in James Bond movies. I fear this change in our long-standing law."

If the court agrees to rehear the case, it could take several months.

At the same time, Harris' $10 million civil lawsuit against the federal government is also headed back to the 9th Circuit, after a U.S. district judge ruled last month that five of the eight agents Harris sued, including Horiuchi, must stand trial.

All five appealed that ruling, and Harris in turn appealed the decision to release three of the eight defendants.

To complicate the issue further, the 9th Circuit has already ruled that the agents aren't immune from Harris' lawsuit.

Horiuchi appealed that ruling to the U.S. Supreme Court, but the high court declined to review it. The earlier ruling came in a slightly different legal context, involving a motion to dismiss the case, while the current maneuver is a motion for summary judgment.

Ellison Matthews, attorney for Harris, said, "I'm confident that we'll prevail on appeal."

Harris' case had been scheduled to go to trial in Boise in two weeks. Now, because of the appeals, it will be delayed until next year.

The 9th Circuit's Horiuchi ruling came under the Supremacy Clause of the Constitution, saying the state couldn't prosecute Horiuchi for "actions taken in pursuit of his duties as a federal law enforcement officer."

Its earlier decision in the Harris case dealt with "qualified immunity," a similar concept. In the June ruling, the majority of the court argued, "The two immunities are not the same, nor do they serve the same purposes. Immunity under the Supremacy Clause from state criminal prosecution may cover instances in which qualified immunity does not apply."

Kozinski responded, "This might be a plausible argument but for the fact that precisely the same test applies as to both: Did the officer act constitutionally? What protects an officer from civil and criminal liability is the lawfulness of his actions." If the officer does something unlawful, Kozinski said, states should be able to enforce their criminal laws.

Harris' lawsuit charges that federal agents violated his 4th Amendment right to be free from unreasonable search and seizure and excessive force. He also alleges battery and false imprisonment.

The agents first confronted Harris, Weaver and Weaver's 14-year-old son Sam, who were all armed, at a crossroads near Weaver's cabin. The agents had Weaver under surveillance because he had failed to appear in court on a weapons charge.

After an agent shot Sam's dog, a yellow labrador named Striker, a gun battle erupted between three agents and the trio. Deputy U.S. Marshal William Degan and Sam both died. The next day, at the cabin, Horiuchi shot and wounded Randy Weaver and then fired the shot that killed Vicki Weaver and wounded Harris.

Harris lay wounded in the cabin for nine more days, begging Weaver and others to kill him to end his suffering. After Weaver surrendered, both he and Harris stood trial and were acquitted of killing Degan.

Harris was cleared of all wrongdoing, though he admitted he might have fired the shot that killed Degan during the gun battle.

Weaver was convicted only of failure to appear in court, and served 16 months in prison.

Weaver and his three daughters sued the federal government, which settled his multimillion-dollar suit in 1995 for $3.1 million.


•Betsy Z. Russell can be reached at (208) 336-2854 or by e-mail at




Ruby Ridge in the courts


Boundary County is asking the full 9th Circuit Court of Appeals to allow prosecution of FBI sniper Lon Horiuchi, who wounded Kevin Harris and killed Vicki Weaver on the second day of the Ruby Ridge standoff. A 3-judge panel ruled in June that Horiuchi could not be prosecuted.

•Harris's $10 million lawsuit charging violation of his 4th Amendment right to be free from unreasonable search and seizure and excessive force is being appealed to the 9th Circuit. A district court judge ruled that the agents, including Horiuchi, must stand trial.


What are your thoughts on
County takes another shot at FBI sniper

If you have a comment or reply to this story that you'd like to share, fill in the form and click submit. Note: Replies are limited to 250 words and must be signed with a valid email address. No profanity or libelous statements will be printed.

Your comment:
Your Email Address:





Order your FREEDOM SHIRT today. We have a duty to Protect our Rights, and today, that means we must take our message to the streets!

Please e-mail your comments or questions to: