mma meeting talking points – february 2011€¦  · web viewthat would cover the entire...

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MMA Meeting Agenda & Talking Points – Jan 2013 Welcome, Pledge of Allegiance Fallen Local Brothers/Riders: MOMENT OF SILENCE None Monthly MMA Membership, Announcements and Events January 14, @10:00am. Freedom Rally - State Capitol Next Confederation of Clubs Meeting NorCal - Saturday, Jan 10 MBCOC - Sunday, Jan 11 San Diego - Tuesday, Jan 13 Central - Sunday, Jan 17 Southern - Wednesday, Jan 21 Guest Speakers / Handouts TBD Calls to Action Confederation of Clubs - Topics of discussion Two key legislative bills will take effect on January 1st, 2013. SB435 (Exhaust Bill) and AB1047 (Preventing Motorcycle Only Checkpoints). What do they mean? How will Page 1 of 28

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Page 1: MMA Meeting Talking Points – February 2011€¦  · Web viewThat would cover the entire Harley-Davidson lineup, including Sportster bikes that currently don't have the technology

MMA Meeting Agenda & Talking Points – Jan 2013

Welcome, Pledge of Allegiance

Fallen Local Brothers/Riders: MOMENT OF SILENCE None

Monthly MMA Membership, Announcements and Events

January 14, @10:00am. Freedom Rally - State Capitol

Next Confederation of Clubs Meeting

NorCal - Saturday, Jan 10 MBCOC - Sunday, Jan 11 San Diego - Tuesday, Jan 13 Central - Sunday, Jan 17 Southern - Wednesday, Jan 21

Guest Speakers / Handouts

TBD

Calls to Action

Confederation of Clubs - Topics of discussion

Two key legislative bills will take effect on January 1st, 2013. SB435 (Exhaust Bill) and AB1047 (Preventing Motorcycle Only Checkpoints). What do they mean? How will they play out on the street within LEAs and how violations will play out in the courts. Need to document every traffic pullover to ensure the tracking of how these bills are effecting riders and reporting violations of the checkpoint law and violations of civil rights during traffic stops, checking pipes and other traffic code violations.

What's going on in 2013 as far as MMA of CA and ABATE of CA bills? Will there be a rights rally this year? (Yes, ABATE has one planned for May 2013)

Where is NCOM on the national profiling bill?

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We remind everyone to fill out traffic stop forms each and every time you get stopped. Between now and the end of 2012, we will be sharing some selected cases with Craig DeLuz, Capitol Director for Assemblyman Jevin Jeffries who sponsored and got the AB1047 - Motorcycle Only Checkpoint bill passed. He will be looking at any circumvention by LEO's.

International News

Anti-lock brake systems may be required on motorcycles Harley-Davidson Inc. and other motorcycle manufacturers may have to include anti-lock brakes as standard equipment on all of their street bikes in only a few years.

The American Motorcyclist Association says the European Parliament has approved a proposal to require anti-lock brakes on all new motorcycles and trikes with engines larger than 125 cubic centimeters beginning in 2016.

That would cover the entire Harley-Davidson lineup, including Sportster bikes that currently don't have the technology as an option.

It also would probably mean that street bikes sold in the United States would, by default, get anti-lock brakes as manufacturers conform to the European standard. There's also pressure in the U.S. government to adopt a similar standard.

The American Motorcyclist Association doesn't oppose the technology but says it should be a rider's choice and must be affordable.

"The European Union's vote is a concern because of something called global harmonization, which is a term for the process by which vehicles of all types, including motorcycles, are likely to be built to uniform standards," said Imre Szauter, AMA government affairs manager.

Harmonization has advantages for manufacturers because they can make just one version of a bike and sell it in every market. But it also has the potential to make vehicle standards passed in other parts of the world the default standards in the United States.

"The bottom line is that we can expect a big push in future years for all new motorcycles sold in the United States to be equipped with anti-lock brakes," Szauter

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said. "Whether that push is at the United Nations level, the U.S. government level, or even the manufacturers' level, the AMA will be sure that the concerns of American motorcyclists are heard."

Harley-Davidson offers the advanced braking system as an option on most of its new motorcycles and includes it as standard equipment on some of its touring bikes.

About 15% of all new Harleys are sold in Europe.

The company could install anti-lock brakes on all new bikes regardless of where they're sold, said spokeswoman Maripat Blankenheim. For now, it's mostly a matter of customer preference.

"So much of what people associate our product with is freedom of choice. How you define that is up to you," Blankenheim said.

Anti-lock brakes have been available on cars for many years and have been available on production motorcycles since BMW introduced them in 1988. Since then, all major motorcycle manufacturers have offered the technology, mostly as an option on more expensive models.

The brake system uses sensors that measure the rotational speed of each wheel and, if a wheel risks skidding during intense braking or slick conditions, the system modulates the braking to stabilize the wheel.

"By keeping the wheels from locking up and skidding when you grab the brakes, ABS not only allows you to maintain some control, it allows you to stop in a shorter distance," the American Motorcyclist Association found in testing the systems this fall.

About half of the new touring bikes sold at Suburban Harley-Davidson, in Thiensville, have anti-lock brakes, said sales manager Todd Berlin.

"There are still some people who don't want it," sometimes because of the additional cost, Berlin said.

"But it does work. And if it gets you out of a jam one time, it definitely paid for itself," he added.

Motorcyclists will object to the government forcing them to have anti-lock brakes because it ought to be a personal choice, said Tony Sanfelipo, founder of ABATE of Wisconsin, a bikers rights organization.

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"None of us like that word 'mandatory'," he said.

But the technology works well in loose gravel and other slippery conditions where a locked wheel could cause a crash, according to Sanfelipo, a motorcycle accident investigator with the law firm Hupy and Abraham."You just have to give yourself a little bit more room to stop," he said, because the modulating braking system isn't always as efficient as standard brakes.

"But I think they're safer than standard brakes because they don't lock up the wheel," Sanfelipo said.

House approves resolution to keep Internet control out of UN hands The House on Wednesday unanimously passed a Senate resolution introduced bySens. Claire McCaskill (D-Mo.) and Marco Rubio (R-Fla.) that calls on theU.S. government to oppose United Nations control of the Internet.

The 397-0 vote is meant to send a signal to countries meeting at a U.N.conference on telecommunications this week. Participants are meeting toupdate an international telecom treaty, but critics warn that manycountries' proposals could allow U.N. regulation of the Internet.

"The 193 member countries of the United Nations are gathered to considerwhether to apply to the Internet a regulatory regime that the InternationalTelecommunications Union created in the 1980s for old-fashioned telephoneservice," Rep. Greg Walden (R-Ore.) said on the House floor. 

He said countries will also consider whether to "swallow the Internet'snon-governmental organizational structure whole and make it part of theUnited Nations."

"Neither of these are acceptable outcomes and must be strongly opposed byour delegation," Walden added.

Rep. Anna Eshoo (D-Calif.) said both the White House and lawmakers wereunited against U.N. control of the Internet.

National News

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SUPREME COURT STRIKES DOWN LAW AGAINST FILMING POLICEThe U.S. Supreme Court has rejected an Illinois prosecutor’s appeal to allow enforcement of a state law barring ordinary citizens from recording police officers as they do their jobs.  A lower federal court had found that Illinois’ anti-eavesdropping law violates free speech rights because it was being used by police and prosecutors against people who tape law enforcement officers.

The American Civil Liberties Union (ACLU) had filed a lawsuit against Cook County in 2010 to halt prosecution of ACLU staffers for recording cops in public spaces, an activity promoted by the ACLU all over the country, but when Chicago officials objected the legislature passed a law outlawing the filming of them.  The so-called “anti-eavesdropping” measure was designed to prevent covert recordings without consent, but the State of Illinois has applied that statute to mean any photography in a public zone; meaning no photographing or recording a cop on a public street while he/she is making a traffic stop, arrest, or for any other reason.  Most other states don’t have laws prohibiting the filming of anyone or anything in public places, and the Illinois law had some serious teeth, carrying a 15-year prison term.

But the High Court has sided with a lower court decision protecting the rights of Americans when it comes to privacy under the First Amendment of the U.S. Constitution, and they refused to take action on the appeal.  In rejecting the state’s plea to criminalize videotaping police, the Supreme Court apparently agrees with the lower court, and police officers have no more expectation to privacy in public than any other person in America.

Harvey Grossman, legal director of the Illinois ACLU, was “pleased” with the result; “The ACLU of Illinois continues to believe that in order to make the rights of free expression and petition effective, individuals and organizations must be able to freely gather and record information about the conduct of government and their agents -- especially the police.”

The National Coalition of Motorcyclists has presented various seminars during past NCOM Conventions on proper procedures for recording law enforcement officers in the performance of their duty, and although the Supreme Court has now given their blessing to such exercises of our civil rights under the United States Constitution, be aware not to interfere with, disrupt, or cause delays for police officers in their official duty while doing so.

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Update on EPA's E15 purchase requirement The U.S. Environmental Protection Agency is apparently scrapping its requirement that all consumers buy at least four gallons of gasoline from certain gas pumps that dispense the new E15 ethanol-gasoline blend, the American Motorcyclist Association reports.The EPA first revealed its minimum-purchase requirement to the AMA in a letter dated Aug. 1, responding to AMA concerns that E15 -- a gasoline formulation that contains up to 15 percent ethanol by volume -- could be put in motorcycle and all-terrain vehicle gas tanks inadvertently when consumers used blender pumps. A blender pump dispenses different fuel blends through the same hose, and the vast majority of motorcycles and ATVs in use today aren't designed to operate on E15 fuel.

The EPA had said that the minimum purchase requirement was meant to dilute any residual E15 fuel left in the hose.

On Dec. 17, in response to ongoing AMA concerns, the EPA indicated to the AMA that it would no longer require a minimum purchase of four gallons. Instead, the EPA will now likely require a label on blender pumps that dispense E10 and E15 through the same hose that state the pump is solely for passenger cars and trucks.

In addition, the EPA indicated it will require stations that sell E15 to also have a pump with a dedicated E10 hose for use by motorcycles and other vehicles the EPA hasn't approved for E15 use.

"With E15 gasoline, our members who make a concerted effort to fuel their motorcycles or ATVs with E10-or-less gasoline may be unknowingly refueling with residual fuel left in the hose," Wayne Allard, AMA vice president for government relations, had said to the EPA before the agency's Dec. 17 comments.

"Unlike an automobile or SUV that has a large fuel tank, the residual fuel left in a fueling hose could be detrimental to the performance of motorcycle or ATV engines due to the small size of their fuel tanks and the higher concentration of ethanol that would, therefore, be present in the fuel," Allard had said. "In addition, the use of E15 will lower fuel efficiency and possibly cause premature engine failure. Use of E15 fuel voids many manufacturer warranties. In off-road engines, the effects can even be dangerous for users."

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The AMA has repeatedly expressed concerns to government officials and federal lawmakers about possible damage to motorcycle and ATV engines caused by the inadvertent use of E15 when the new fuel becomes widely available, and has asked that motorcycles and ATVs be part of any scientific study into the effects of E15.

Ethanol is essentially grain alcohol produced from crops such as corn that is mixed with gasoline to produce an ethanol-gasoline blend motor fuel. In October 2010, the EPA approved the use of E15 in model year 2007 and newer light-duty vehicles (cars, light-duty trucks and medium-duty passenger vehicles). Then, in January 2011, the EPA added model year 2001-06 light-duty vehicles to the approved list.

No motorcycles or ATVs are currently on the list.

Washington City Charges Public $670 to Exercise Constitutional Right Tacoma, Washington courthouse clerk demands $670 payment to exercise rights under the Confrontation Clause in red light camera case.

 Red light camera ticket recipients in Tacoma, Washington are being told they need to buy $30 meals and $114 hotel rooms for employees of an Australian company if they want to exercise their rights under the Sixth Amendment. Motorist Kevin Schmadeka had gone to the courthouse to gather information to use to defend himself found out he was supposed to pay a total of $670 in travel expenses for an employee of Redflex Traffic Systems if he wanted to confront the witnesses against him.

"When I was at the clerk's office inquiring about chain-of-custody information, the employee at the counter mentioned that if I wanted to subpoena a camera company representative that there was a fee," Schmadeka told TheNewspaper. "Later on I thought about that some more and made another inquiry by phone, also requesting documentation about how such a charge was authorized. The clerk I spoke to at that time had no explanations to offer, but did send me the request form."

Redflex had mailed Schmadeka a ticket accusing him of running a red light at the corner of Pacific Avenue and 72nd Street in Tacoma on September 19. According to the form provided by the court (see source link below), the money must be provided in the form of a check payable to Redflex Traffic Systems, Inc. and mailed to the Australian firm's office in Phoenix, Arizona. The accused must also sign a statement accepting the charges.

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"I acknowledge that the costs associated with subpoenaing the photo technicians are my responsibility and if payment is not received in 15 days -- NO technician will be subpoenaed for your court date," the court-provided notice states.

Photo ticketing firms have been facing increased pressure since the 2009 US Supreme Court ruling in the case Melendez-Diaz v. Massachusetts (view decision), which dealt with laboratory analysis of drug evidence. A defendant argued that he had a right to question the lab worker who signed a piece of paper that certified the substance he had been carrying was cocaine. The majority agreed that despite the possible hassle involved in confirming each fact at trial, it is essential to the integrity of the court system that such questioning of the evidence be allowed.

Tacoma sought to avoid the inconvenience by forcing defendants to pay for the cost of confronting the witnesses against them. Schmadeka added this to a long list of constitutional concerns he brought before a judge.

"If the city considers it too expensive and burdensome to fly a camera company representative to Washington every time a defendant wishes to cross-examine them, the city should consider this obligation when making their decision to outsource local law enforcement duties to privately-owned, for-profit out-of-state companies," Schmadeka said.

The judge singled out the Sixth Amendment issue and dismissed the charges against Schmadeka. A copy of the request form is available in a 20k PDF file at the source link below.

Compulsory EDRs on US vehicles moves a step closer

The National Highway Traffic Safety Administration (NHTSA) is expected tofinalize a long-awaited proposal to make event data recorders (EDR) standardon all new vehicles sold in the USA. The White House Office of ManagementBudget has posted a notice that says it has completed a review of theproposal to make in-vehicle EDR 'black box' devices mandatory in all carsand trucks, clearing the way for NHTSA to publish its final regulation.Nearly all new vehicles currently have the devices, but the NHTSA's proposedrule would raise the percentage of vehicles required to have an EDR from91.6% today to 100%.

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The NHTSA issued a new regulation standardizing data collection for EDRs inAugust 2006, which took effect for the 2013 model year that started inSeptember that defines the information that the devices collect and makesretrieving the data easier. Devices must record 15 data elements, includingvehicle deceleration, in specific formats. The recorders collect data forthe seconds immediately before and during a crash, including whether thedriver is wearing a seatbelt, the vehicle's speed and whether the brakeswere applied.

In August, the agency said it was still working on making EDRs mandatory.NHTSA spokeswoman, Lynda Tran, noted, "The agency has made it a priority towork toward a proposed standard that would mandate these devices on allpassenger vehicles on the nation's roadways. We remain committed toproposing a standard in the coming months that will help save lives, byensuring both automakers and the agency have the necessary data to makecontinued improvements in vehicle safety. Rules to mandate EDRs across theentire light-vehicle fleet could contribute to advancements in vehicledesigns, and advanced restraint and other safety countermeasures."

Local News

New California Motorcycle Exhaust Law starts 1/1/2013 SB 435, also known as the Motorcycle Anti-Tampering Act, gives law enforcement officials the ability to cite noise pollution violations under the California Vehicle Code. The law, which goes into effect for motorcycles and aftermarket parts from the 2013 model year forward, states that motorcyclists pulled over for other traffic violations could also be cited for illegally noisy exhaust pipes. A first violation could result in a fine of $50 to $100 — a fix-it ticket that could be dismissed with proof of correction. Subsequent offenses would result in fines of $100 to $250.

While motorcycle manufacturers have been complying with the federal law since it was effective in 1983, the new law now makes it a state crime to operate any motorcycle registered in the state that was built on or after Jan. 1, 2013, that doesn't have a federal Environmental Protection Agency exhaust system sound emissions label.

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Yes, it is new very clear that this new California law requires street motorcycles registered in the state and built on or after Jan. 1, 2013, to have an exhaust system label certifying the motorcycles meet federal sound limits.

In addition, the California law requires aftermarket motorcycle exhaust systems made on or after Jan. 1, 2013, to display the EPA sound emissions label, and therefore applies to individuals who seek to replace the exhaust system on affected streetbikes.

"Many EPA labels are very difficult to locate on motorcycles. This law could lead to a flurry of tickets for motorcyclists who have legal exhaust systems with EPA labels on their machines that can't be easily seen," explains the American Motorcyclists Association (AMA) Western States Representative expressed major concerns about the new California motorcycle exhaust law.

"It's unreasonable to expect a law enforcement officer to easily locate an EPA label, and it's simply unfair to expect a motorcycle owner to partially dismantle an exhaust system along the roadside to prove the label exists."

Motorcycle Of The Future An eleven-person company in San Francisco called Lit Motors has built a working prototype of a self balancing, fully enclosed electric motorcycle.

According to company founder Daniel Kim, this motorcycle of the future will have a top speed of 125 miles per hour, reach 60 from a standing start in 6 seconds and will have a range of 200 miles between charges. Kim says the vehicle “takes the romance and the efficiency of a motorcycle and we integrate that with the safety and the comfort of a car.” The prototype is called C-1. The name “will change as we near production.”

Specs

The C-1 will be 112 inches long, 40 inches wide, 55 inches tall and will weigh 800 pounds. Kim expects the bike to sell for about $24,000 “for the first production run.” He hopes to build enough of the vehicles to lower the cost to $12,500. “We are really doing our best to get an affordable vehicle to a mass market,” Kim said. “We’re not really trying to rock the boat too much, but it is definitely disruptive technology.”

In a press release the company said, “Since the C-1 is classified as a motorcycle, it allows you to lane split, ride two abreast in one lane, use the HOV lane, use motorcycle parking, and all the myriad other advantages motorcycles have. We estimate it will cut

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most commute times by up to 50 percent. If you live in the city, this could be your primary vehicle: easy to park and slip through traffic, with services like Zipcar, Getaround, or traditional car rentals available when you need a larger vehicle or an extended road trip. If you live outside the city, this could be your primary commuting vehicle, with a larger ‘family car’ at home. This allows the commuter in the family to commute easily and efficiently, saving money and time every day.”

Senator Dianne Feinstein to introduce new gun ban law on 1/3/12 Senator Dianne Feinstein has announced that on the first day of the new Congress – January 3rd – she will introduce a bill to ban commonly owned semi-automatic firearms, register gun owners, and require fingerprinting, among other things. This gun ban plan would treat law-abiding gun owners like common criminals!According to a Dec. 27th posting on Sen. Feinstein’s website and a draft of the bill obtained by NRA-ILA, the new ban would, among other things, adopt new definitions of “assault weapon” that would affect a much larger variety of firearms, require current owners of such firearms to register them with the federal government under the National Firearms Act, and require forfeiture of the firearms upon the deaths of their current owners. Some of the changes in Feinstein’s new bill are as follows:

Reduces, from two to one, the number of permitted external features on various firearms.  The 1994 ban permitted various firearms to be manufactured only if they were assembled with no more than one feature listed in the law. Feinstein’s new bill would prohibit the manufacture of the same firearms with even one of the features. 

Adopts new lists of prohibited external features . For example, whereas the 1994 ban applied to a rifle or shotgun the “pistol grip” of which “protrudes conspicuously beneath the action of the weapon,” the new bill would drastically expand the definition to include any “grip . . . or any other characteristic that can function as a grip.” Also, the new bill adds “forward grip” to the list of prohibiting features for rifles, defining it as “a grip located forward of the trigger that functions as a pistol grip.” Read literally and in conjunction with the reduction from two features to one, the new language would apply to every detachable-magazine semi-automatic rifle. At a minimum, it would, for example, ban all models of the AR-15, even those developed for compliance with California’s highly restrictive ban. 

 Carries hyperbole further than the 1994 ban. Feinstein’s 1994 ban listed “grenade launcher” as one of the prohibiting features for rifles. Her 2013 bill carries goes even further into the ridiculous, by also listing “rocket launcher.” Such devices are restricted under the National Firearms Act and, obviously, are not standard components of the firearms Feinstein wants to ban. Perhaps a subsequent Feinstein bill will add “nuclear

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bomb,” “particle beam weapon,” or something else equally far-fetched to the features list.

Expands the definition of “assault weapon” by including :o Three very popular rifles: The M1 Carbine (introduced in 1944 and for many

years sold by the federal government to individuals involved in marksmanship competition), a model of the Ruger Mini-14, and most or all models of the SKS. 

o Any “semiautomatic, centerfire, or rimfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds,” except for tubular-magazine .22s. 

o Any “semiautomatic, centerfire, or rimfire rifle that has an overall length of less than 30 inches,” any “semiautomatic handgun with a fixed magazine that has the capacity to accept more than 10 rounds,” and any semi-automatic handgun that has a threaded barrel. 

Requires owners of existing “assault weapons” to register them with the federal government under the National Firearms Act (NFA). The NFA imposes a $200 tax per firearm, and requires an owner to submit photographs and fingerprints to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), to inform the BATFE of the address where the firearm will be kept, and to obtain the BATFE’s permission to transport the firearm across state lines. 

Prohibits the transfer of “assault weapons .” Owners of other firearms, including those covered by the NFA, are permitted to sell them or pass them to heirs. However, under Feinstein’s new bill, “assault weapons” would remain with their current owners until their deaths, at which point they would be forfeited to the government. 

Prohibits the domestic manufacture and the importation of magazines that hold more than 10 rounds of ammunition. The 1994 ban allowed the importation of such magazines that were manufactured before the ban took effect. Whereas the 1994 ban protected gun owners from errant prosecution by making the government prove when a magazine was made, the new ban includes no such protection. The new ban also requires firearm dealers to certify the date of manufacture of any >10-round magazine sold, a virtually impossible task, given that virtually no magazines are stamped with their date of manufacture. 

Targets handguns in defiance of the Supreme Court . The Court ruled in District of Columbia v. Heller that the Second Amendment protects the right to have handguns for self-defense, in large part on the basis of the fact handguns are the type of firearm

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“overwhelmingly chosen by American society for that lawful purpose.” Semi-automatic pistols, which are the most popular handguns today, are designed to use detachable magazines, and the magazines “overwhelmingly chosen” by Americans for self-defense are those that hold more than 10 rounds. Additionally, Feinstein’s list of nearly 1,000 firearms exempted by name (see next paragraph) contains not a single handgun. Sen. Feinstein advocated banning handguns before being elected to the Senate, though she carried a handgun for her own personal protection. 

Contains a larger piece of window dressing than the 1994 ban . Whereas the 1994 ban included a list of approximately 600 rifles and shotguns exempted from the ban by name, the new bill’s list is increased to nearly 1,000 rifles and shotguns. Other than for the 11 detachable-magazine semi-automatic rifles and one other semi-automatic rifle included in the list, however, the list appears to be pointless, because a separate provision of the bill exempts “any firearm that is manually operated by bolt, pump, lever, or slide action.”

The Department of Justice study. On her website, Feinstein claims that a study for the DOJ found that the 1994 ban resulted in a 6.7 percent decrease in murders. To the contrary, this is what the study said: “At best, the assault weapons ban can have only a limited effect on total gun murders, because the banned weapons and magazines were never involved in more than a modest fraction of all gun murders. Our best estimate is that the ban contributed to a 6.7 percent decrease in total gun murders between 1994 and 1995. . . . However, with only one year of post-ban data, we cannot rule out the possibility that this decrease reflects chance year-to-year variation rather than a true effect of the ban.  Nor can we rule out effects of other features of the 1994 Crime Act or a host of state and local initiatives that took place simultaneously.”“Assault weapon” numbers and murder trends. From the imposition of Feinstein's “assault weapon” ban (Sept. 13, 1994) through the present, the number of “assault weapons” has risen dramatically. For example, the most common firearm that Feinstein considers an “assault weapon” is the AR-15 rifle, the manufacturing numbers of which can be gleaned from the BATFE’s firearm manufacturer reports, availablehere. From 1995 through 2011, the number of AR-15s—all models of which Feinstein’s new bill defines as “assault weapons”—rose by over 2.5 million. During the same period, the nation's murder rate fell 48 percent, to a 48-year low. According to the FBI, 8.5 times as many people are murdered with knives, blunt objects and bare hands, as with rifles of any type. Traces: Feinstein makes several claims, premised on firearm traces, hoping to convince people that her 1994 ban reduced the (relatively infrequent) use of “assault weapons” in crime. However, traces do not indicate how often any type of gun is used in crime. As the Congressional Research Service and the BATFE have explained, not all firearms that are

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traced have been used in crime, and not all firearms used in crime are traced. Whether a trace occurs depends on whether a law enforcement agency requests that a trace be conducted. Given that existing “assault weapons” were exempted from the 1994 ban and new “assault weapons” continued to be made while the ban was in effect, any reduction in the percentage of traces accounted for by “assault weapons” during the ban, would be attributable to law enforcement agencies losing interest in tracing the firearms, or law enforcement agencies increasing their requests for traces on other types of firearms, as urged by the BATFE for more than a decade. 

Call Your U.S. Senators and Representative:  As noted, Feinstein intends to introduce her bill on January 3rd. President Obama has said that gun control will be a “central issue” of his final term in office, and he has vowed to move quickly on it.

Contact your members of Congress at 202-224-3121 to urge them to oppose Sen. Feinstein’s 2013 gun and magazine ban. Our elected representatives in Congress must here from you if we are going to defeat this gun ban proposal. You can write your Representatives and Senators by using our Write Your Representatives tool here: http://www.nraila.org/get-involved-locally/grassroots/write-your-reps.aspx

California Legislation

2012 Bills taking effect, 1/1/2013

AB 1047 - Motorcycle Only Checkpoint: Passed and goes into effect - January 1, 2013

AB 1890- Toll transponders for motorcycles: Passed and signed by Governor Brown

SB 1535- Highway signs for Motorcycle OK in HOV lanes: May 25, 2012 - Held under submission

AB2128 - Extending longer yellow warning times at intersections that use red light cameras.

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California Assembly Committee Votes for Longer Yellow TimesLegislative committee in California passes bill increasing yellow time by one second at red light camera intersections.

The California Assembly's Transportation Committee yesterday voted unanimously to lengthen yellow warning times at intersections that use red light cameras. The same legislation also reduces the cost of a rolling-right turn automated fine from $500 to $250.

The bill addresses yellow timing in two ways. It corrects the negative impact of a recently adopted law that authorized cities to round down speed limits, and, in effect, shorten yellow times by 0.4 seconds at certain intersections -- both with and without cameras. Minimum yellow times in California are determined by posted speed limits, so a lower limit allows cities to shorten the amount of warning time provided to motorists. Cook's bill requires any city that takes advantage of the rounded-down limit to use the rounded-up speed for the purposes of selecting a yellow time. Cook's bill also follows the lead of Ohio and Georgia by mandating longer yellows at all photo enforced intersections.

"At an intersection at which there is an automated enforcement system in operation, the minimum yellow light change interval shall be established at one second beyond the yellow light change intervals as designated pursuant to the California Manual on Uniform Traffic Control Devices (MUTCD), or its successor," AB 2128 states.

Tickets would not be valid unless the yellow time was set in accordance with the law. The Texas Transportation Institute concluded in 2004 that adding an additional second to the ITE minimum yellow yielded 53 percent reduction in violations (view report). This is so because the vast majority of violations happen within the first 0.25 seconds after the light changes.In committee: Set, second hearing. Held under submission.

SB 1303 - Automated Traffic Enforcement SystemsCreates additional standards for the installation of automated red-light camera systems and makes other changes relating to the notices sent to vehicle owners and to the use of red-light camera photographs as evidence in court. Key elements:

Prohibits a governmental agency that proposes to institute an automated traffic enforcement system from considering revenue generation, beyond covering operating costs, as a factor when considering whether or not to install or operate a system

Authorizes the mailing of a "notice of non-liability" or "courtesy notice" by the issuing agency, manufacturer, or

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MMA Meeting Agenda & Talking Points – Jan 2013 supplier of the system to the registered owner or the alleged violator prior to issuing a notice to appear, prescribes the form that must be sent, and prohibits the manufacturer or supplier of the system, or the governmental entity, from altering the notice to appear or notice of non-liability.

Provides that an evidentiary rebuttable presumption that the printed representation of computer information is presumed to be an accurate representation of the computer information, shall apply to the printed representation of computer-generated information stored by an automated traffic enforcement system.

Provides that an evidentiary rebuttable presumption that printed representations of images stored in a video or digital medium is presumed to be an accurate representation of the images that it purports to represent, shall apply to the printed representation of video or photographic images stored by an automated traffic enforcement system. Sept 28, 2012 - Approved by Governor Brown

2013-2014 Agenda

NCOM's End Motorcycle Profiling Act of 2013 "Profiling of Motorcycle Riders" "Equal Access for Motorcycles in Parking Garages" "Required Helmets for Off-Road Vehicles"

Active Judicial Cases in California - Criminal and Civil

National HAMCO vs OHS, Hillary Clinton, Janet Napolitano and Immigration Services Dir.

Alejandro Mayorkas

CaliforniaPolice Harassment and Rights Violations

Monterey Bay COC - Santa Cruz County Gang Task Force Henchmen MC San Jose Chapter - San Jose Police Department Mayhem MC - Santa Cruz County Henchmen MC Sacramento Chapter - Sacramento Police Department

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Discuss active member and or club traffic stop cases and civil lawsuit cases - Get case numbers for all

Government & Law Enforcement Tools, Misconduct and Abuse

How to disable a smart phone's geotagging feature Security experts have been warning about the potential risks of geotags for a couple years now. For instance, a photo taken by a U.S. soldier on his or her smart phone could potentially reveal location information and endanger the mission. While this feature does occasionally catch a criminal, the risk to military and government personnel working abroad, or anyone whose location could be considered confidential, is too great to ignore.

The arrest of fugitive John McAfee and the revelation that his location had been given up by the geotagging feature on a smart phone might get users wondering if this feature is tagging things they do on their own phones. And, unless they’ve changed any settings, the answer is likely to be “yes.”

“So, how do I turn this feature off?” you ask. Good question. Here are the steps to disable geotagging for the four major mobile operating systems. Note that manufacturer websites are largely silent on this issue; these tips are pulled from user experience, community blogs and how-to websites.

Android 4.2 phones

1. Start camera application2. Hit the Settings button3. Scroll down and find the GPS Tag option and turn it off

In older versions, the option may be called “Store Location,” but is it essentially the same process.

BlackBerry 6.0 and 7.0

RIM suggests through the online documentation that disabling geotagging be done on BlackBerry Enterprise Server,  which would work from an admin’s point of view if an agency uses BES. If not, to turn the setting off on an individual BlackBerry  phone:

1. Open Camera2. Set the Location icon to “Disabled”

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For some earlier versions, hit the Menu and Option buttons before changing the setting.

iPhone 4 and 51. Go to Settings2. Select General3. Select Location Services4. Set Camera to “Off”

For older versions users can’t really turn off geotagging for the camera without disabling it for all applications. But location warnings can be set to go off when an application is using them.Windows Phone 7 and 8

1. Go to Settings2. Navigate to Applications3. Scroll down to Pictures & Camera4. Set “include location (GPS) info in Pictures you take” to “Off”

Other/Misc Topics/News

Presentations / Special Topic / Exercise

None this month

Open Discussion and fact gathering – Local Issues (Get forms filled out right there)

o Police Harassment / Profilingo Discrimination at local business establishmentso Traffic Lights o Road Conditions

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