new mexico liberty, september 2009

10
September 2009 http://lpnm.us v.2.2 N.13 NEW MEXICO LIBERTY “Let Freedom Ring” The Official Newsletter of the Libertarian Party of New Mexico Table of Contents Page 1 Libertarian Media from New Mexico Notes from the Editor Page 2 – Events at a Glance Page 3 – Voice of the Chair Page 4 – Health Care Through Central Planning: A Helpful Analogy Page 5 – Federal judge rules police cannot detain people for openly carrying guns Page 6 Reports of Rail Runner's success greatly exaggerated A Little Gun History Page 7 – Contacts / Internet Resources Page 8 Administrivia The Unanimous Consent Challenge  Page 9 – Enrollment / Renewal Form Page 10 – Authorization for Automatic Transfers = = = = = = = = = = = = = = = = = = = = = = = Libertarian Media from New Mexico not necessarily endorsed by LPNM) Speaking Freely hosted by Paul Gessing and Jim Scarantino Saturdays 9 – 10 AM on KJOY 1550 AM riograndefoundation.org/pg_rp.html tinyurl.com/dcnpwm Hemp TV  – Tuesdays at 7PM myspace.com/nmhemptv The One Party State – Wednesdays 11PM Contact Lance Klafeta [ [email protected] ] for details Reeferhead  – Saturdays at 6PM myspace.com/reeferheadtv The Fringe Element thefringeelement.net / postpubco.com  THE UNANIMOUS CONSENT CHALLENGE An Expansion and Explanation I've been running the Unanimous Consent Challenge for years now, in print with New Mexico Liberty, on TV with The Weekly Sedition and New Mexico's Consumer's Advocate, and on the web at KCUF Media. During that time, I've had inquiries as to what it's all about. It's all very simple – the offer is a cash prize for the following – To the first person to write a logical and documented essay showing one of the following to be compatible with the Declaration of Independence: Sherman Anti-Trust Act of 1890 Pure Food and Drug Act of 1906 Federal Communications Act of 1934 National Firearms Act of 1934 Banking Act of 1935 The Internal Revenue Code Controlled Substances Act of 1970 RICO Act of 1970 Federal Elections Act of 1970 Employee Retirement Income Security Act of 1974 Plumbing Products Efficiency Act of 1992 Anti-Money Laundering Act of 1992 USA PATRIOT Act of 2001 Bipartisan Campaign Reform Act of 2002 I'll leave it to you, the reader , to determine how well each of thes e Acts of Con gress matches up with the Declaration, the Constitution, and the Bill of Rights. New Mexico Liberty – September 2009 – Page 1  Notes from the Editor by Mike Blessing [ [email protected] ]

Upload: mike-blessing

Post on 09-Apr-2018

218 views

Category:

Documents


0 download

TRANSCRIPT

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 1/10

September 2009 http://lpnm.us  v.2.2 N

NEW MEXICO LIBERTY“Let Freedom Ring” 

The Official Newsletter of the Libertarian Party of New Mexico

Table of Contents

Page 1• Libertarian Media from New Mexico• Notes from the Editor 

Page 2 – Events at a Glance

Page 3 – Voice of the Chair 

Page 4 – Health Care Through CentralPlanning: A Helpful Analogy

Page 5 – Federal judge rules policecannot detain people for openly carrying guns

Page 6• Reports of Rail Runner's success

greatly exaggerated• A Little Gun History

Page 7 – Contacts / Internet Resources

Page 8• Administrivia• The Unanimous Consent Challenge Page 9 – Enrollment / Renewal Form

Page 10 – Authorization for AutomaticTransfers

= = = = = = = = = = = = = = = = = = = = = = =

Libertarian Media from New Mexiconot necessarily endorsed by LPNM)

Speaking Freely hosted by Paul Gessing and Jim Scarantino

Saturdays 9 – 10 AM on KJOY 1550 AMriograndefoundation.org/pg_rp.html 

tinyurl.com/dcnpwm 

Hemp TV  – Tuesdays at 7PMmyspace.com/nmhemptv

The One Party State – Wednesdays 11PMContact Lance Klafeta

[ [email protected] ] for details

Reeferhead  – Saturdays at 6PMmyspace.com/reeferheadtv

The Fringe Element thefringeelement.net / postpubco.com

 

THE UNANIMOUS CONSENT CHALLENGEAn Expansion and Explanation

I've been running the Unanimous Consent Challenge for years now, in print with Mexico Liberty, on TV with The Weekly Sedition and New Mexico's Consumer's Advoand on the web at KCUF Media. During that time, I've had inquiries as to what it's all aIt's all very simple – the offer is a cash prize for the following –

To the first person to write a logical and documented essay showing one of thfollowing to be compatible with the Declaration of Independence:

Sherman Anti-Trust Act of 1890

Pure Food and Drug Act of 1906

Federal Communications Act of 1934

National Firearms Act of 1934

Banking Act of 1935

The Internal Revenue Code

Controlled Substances Act of 1970

RICO Act of 1970

Federal Elections Act of 1970

Employee Retirement Income Security Act of 1974

Plumbing Products Efficiency Act of 1992

Anti-Money Laundering Act of 1992

USA PATRIOT Act of 2001

Bipartisan Campaign Reform Act of 2002

I'll leave it to you, the reader, to determine how well each of these Acts of Congmatches up with the Declaration, the Constitution, and the Bill of Rights.

New Mexico Liberty – September 2009 – Pa

Notes from the Editor by Mike Blessing [ [email protected] ]

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 2/10

Special Events

LPNM Central Committee Meeting – 13 September 2009

The LPNM's Central Committee will have its regularly schedmeeting on Sunday, 13 September 2009. Lunch at 12 PM, mefrom 1 PM to 3 PM. Location is the meeting room ofPappadeaux Seafood Kitchen ( 5011 Pan American FreewaAlbuquerque, NM 87109 [ pappadeaux.com/location/?id=37 ])details, contact State Chair Ken Cavanaugh [ [email protected]  ]. County and Campus Conencouraged to attend!

LPNM Central Committee Meeting – 13 December 2009

The LPNM's Central Committee will have its regularly schedmeeting on Sunday, 13 December 2009. Lunch at 12 PM, mefrom 1 PM to 3 PM. The (tentative) location is Quarters BB3700 Ellison Dr NW Albuquerque, NM 87114 [ tinyurl.com/lh89For details, contact State Chair Ken Cavanaugh [ [email protected]  ]. County and Campus Conencouraged to attend!

2010 Annual State Convention

The 2010 LPNM State Convention is scheduled for the weeke16-18 April 2009 in the greater Albuquerque area. More detafollow soon.

The LPNM's Candidates

U.S. House of Representatives

District 1 – Alan Woodruff – alanwoodruff.com 

State Legislature

State Representative, District 11 – Eric [email protected]

State Representative, District 16 – Mike Blessingmikewb1971.xanga.com 

State Representative District 22 – Elisheva Levinragamuffinstudies.blogspot.com

New Mexico Libert – Se tember 2009 – Pa

Events at a Glance

Bernalillo County – The BCLP is hosting two meetings per month,on Thursday, 3 September and Thursday, 17 September, 6:00 to7:00 PM at Fiesta's Restaurant & Lounge (Carlisle & MontogomeryNE). Contact Mike Blessing for details [ [email protected]  /505-918-6567], or see the BCLP website – lpnm.us/bernalillo.

Mark Curtis and Jay Vandersloot have been manning a table at thegun shows hosted in the Manuel Lujan Building at the StateFairgrounds.

Precinct 553 Chair Elisheva Levin, is considering a run for StateRepresentative, District 22.

See kcufmedia.xanga.com for more information concerning TheWeekly Sedition and New Mexico's Consumer Advocate.

Dona Ana County – The next scheduled Dona Ana County CentralCommittee Meeting is 13 January 2010 at 6:30 PM to plan for thecounty convention. Contact chair for more information. Thecommittee would be delighted to meet before then with any DoñaAna County Libertarian wishing support in running for office or withany ideas to advance the party or political issues that the partyshould address. Please contact the chair – [email protected] /575-541-9079, or check the LPDAC website – lpnm.us/dona-ana.

Otero County   – The Otero County LP meets on Wednesday, 2

September – contact Dr. Gilberto Heredia for more information [[email protected] / 575-439-8234 ], or see the OCLP website for details – lpnm.us/otero. The OCLP hosted this year's stateconvention in April.

Rio Arriba – Lynette Cannon has recently signed up as the RioArriba County LP Chair, as well as the Taos County Chair.

Sandoval County – The LPSC is having its monthly meetings onthe fourth Tuesday of each month. Tuesday, 22 September – TheSandoval County Libertarian Party will meet – contact RonBjornstad [ [email protected] / 505-288-4228 ] for details.

Santa Fe County – Ed Nagel is working on organizing an LPNMcounty aff iliate for Santa Fe County. Contact him [email protected] or call him at 505-471-6928. He'd appreciate

any help he can get. The Santa Fe County LP meets at the SouthLibrary on Monday, 14 September at 6:30 PM. Contact Ed Nagelfor details [ [email protected] / 505-474-0300 ].

Ed specified these directions for the South Library –

Although the mailing address is on Jaguar St, the best wayto get there is to turn south off Airport Rd onto Country ClubRd (by the golf course), proceed 6 tenths of a mile toValentine Way, and make a left (heading east), and animmediate right into the parking lot of the South Library.

Taos – Lynette Cannon has recently signed up as the Taos CountyLP Chair, as well as the Rio Arriba County Chair.

If you live in a county with an inactive affiliate and want to getinvolved, contact the county chair. See Page 7 for a list of county chairs, campus contacts and Central Committeemembers.

 YOUR ADVERTISING HERE?

CONTACT THE EDITOR ORSEE PAGE 9 FOR DETAILS

EMAIL [email protected]

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 3/10

Recently, an idea occurred to me that, along with passing oumessage when a crowd is known to be present, we should already have a planned event that we can invite these peoplwith an agenda that lines up with the event that we are alreadFor example, with the Health Care issue (though probably pastime on this one), we could have (should have) scheduled a THall of our own, where we could have held a conferencattendees, and guarantee that instead of hearing an official tsell them on an issue, but instead permit the attendees PROMISE TO THEM) the opportunity to be heard, and thcompiled list of input and feedback could be created. This will s

them that we are able to listen, and that can distinguish oursefrom those already in office. True, we would be armed with ourproposals per that topic, but we need to get people to start tutowards us as a viable organization that is there for them.

So, this is a two-pronged strategy. First, identify when opportunities have been created for us. Determine what the primotivation is for attendees at these events. Then, we schedupublic meeting 2-3 weeks after this event, one that we sponsoour foot soldiers attend the initial event, they can pass out handthat invite these very people to come and discuss the issuesforum where we can unite them under a single umbrella.

As I have suggested in the past, there is no reason to outlineentire party platform, either while handing out our invites, or evthe scheduled event that we have created to discuss the issThe intent is to obtain a growing amount of support over issueshave already brought people out of their homes. If we can gainsupport of a growing amount of people, over time we can graddiscuss some of the other pressing issues that we feel need tcorrected.

This is precisely what I have been trying to convey in regardsoft-selling our platform. We should wait until we have generan amount of support on single-topic issues. Once we hagrowing crowd coming to us on one or two issues, they themsemight start asking how we might feel about other matters. Nowwe have their attention, and interest, we have the luxury of timproperly explain many of our other viewpoints.

You see, the idea is to grow support from the ground up, bu

scaring them off with one-liners that we don't have the time toexplain. Let them come to us once we have proved that wesolve their primary issue. Once there, they will approach us,they will give us the time to fully discuss the rational olibertarian perspective.

As a part of this strategy, I don;t even see a need to mentionparty by name as we invite these participants to a follodiscussion, but instead merely let them know that we are minded, and want to build a coalition so that we can becomcohesive voice. In this way, over time, there will be a migratioour philosophy.

If you have ideas of your own, I will gladly hear anything that mhelp. And yet still.....

We can win if we don't fight.

Ken CavanaughLPNM State Chair [email protected] 

New Mexico Libert – Se tember 2009 – Pa

ACTIVISM – SECOND INSTALLMENTOpportunities abound

If we don't fight, we can't win, simply put. Right now I don't seenearly enough fight in the LPNM, and therefore we cannot expect towin anything. I understand that many have fought for years, withlittle results. I myself am in a similar position, but I cannot give upthe fight.

I am reminded of the protests during the Vietnam War, wheneverything was blamed on “The Establishment”, and that thingswould change in the future. The Libertarian Party was created onsome of these principles in 1971. Now, that same Generation isnow the Establishment. Yes, they were correct that things wouldchange in the future, but not quite what they had in mind. We arethe “Establishment” today, and are now, either directly or indirectly,responsible for the State of our Nation.

I am quickly reminded of something that was shared with me by anew face, wherein he informed me that he would not be able to

face his children if he did absolutely nothing to restore our greatcountry. I agree, and that's why I remain in the fight, as I have lateteenagers just starting their journey into adulthood. I call on younow to step up and take advantage of what we see all around us inthe political climate.

The Republican Party is in disarray, and their followers aredesperately looking for anything that they can hook on to. At thelocal level (and I have been out there with them), the GOP can onlypursue an agenda that once again is largely local in nature. Their conservative following is, at this time, willing to listen to anyone thatcan help them move back to conservatism. As conservatism goes,the Libertarian philosophy is truly right up their values, as long asthey remain willing to support personal choice. The foundation of conservatism includes that what my neighbor does is his business,and his responsibility, which falls directly in line with our own views.

I was raised in a Republican household, but personal freedom andchoice were a part of that. I can share with you the example of,while in high school, I held down two jobs after school, and stillpursued my choice of living to remain out until 2:00 AM or later.When accosted by my mother, Dad stepped in and pointed out thatI was maintaining a 3.++ GPA, and not missing school or work, somy choices would remain mine, and I could continue to do as Ipleased with my free time. Thus is the way of true conservatives.Such conservatives are out there, and are rejecting the Republicanplatform more than ever, though these conservatives remain faithfulto the GOP on failing principle only. This should be our audience,and they feel largely the same as we do.

Since it is so difficult to start gaining ground on our merit, I am

suggesting that we look around and notice the momentum of crowds that has been created for us. The Tea Tax Parties, theTown Halls, and other such gatherings can be our jumping off points. These will have a fabulous target audience to receive our message, as long as we have a message to spread. Of course, inorder to spread the message, we must be there, armed with theright approaches.

When face with specific organized events, we can create simplehandouts that can explain how things can be different, if onlypeople are willing to look for new solutions. Of course, if we had themoney, these handouts could be well-designed, printed in color,and with glossy photographs. Alas, we lack such funds. But whatwe don't (or shouldn't lack) is the heart to spread our message.

Voice of the Chair by Ken Cavanaugh[ [email protected] ]

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 4/10

It’s not rocket science – federal management of anything, evebare-bones constitutionally chartered duties, is flawed at best.

But there is some good news about increased governownership and direction of the health care system, presuming tthe path we're on. It comes in small ways, and some might tmysterious ways. For example, I have a government subsidmedical insurance. I’m not clear on what it provides or doprovide, exactly, as in the six years since I retired, I have usone time, in getting a school physical for my then high-school son. We found out, after we paid our part of the bill a

physician’s office, that they maintained one price for insuraalong with a cash price. Turned out . . . drum roll . . . the cash was actually cheaper than the deductible! So henceforth, we cash.

Of course, my family has in recent years, been healthy, and incase of accidents, costs have been shared by responsible paMy daughter crashed into something on the soccer field and hahave some MRI work done – our share for that ran close to $1One imagines how wonderful truly free market medicine wouldwith real choice, and real competition in the industry.

We have examples – ophthalmology and veterinarian sercome to mind first. You can get an eye exam for $50, and order glasses online for another $20. Overall, that’s less than aof running shoes, or a meal out with the family at Applebee’s.

wide variety of eye surgeries available and the competitive andnature of these surgeries speak to the working of a freer mthan what we see for the rest of our health care. The argumethe statist left and statist right is falsely premised by the ideathe current health care "system" is a free market system,based on the ideas that free market systems can’t work for hcare because people are not all equal in either health, desirehealth or finances.

But the market works precisely and wonderfully because wedifferently abled, financed, with unique wants and desires! It wwell in animal health care (you can buy cheap medicines and haids across state and international lines for your pets competitand privately, and a whole new array of private insurance prodhave emerged to help you meet the unexpected health need

Fido or Kitty). Compare this to our government controlledmanipulated system where buying your meds in Canada or Meor self-medicating with THC will land you in jail.

But what happens in this private system when animalsexample, don’t get the heath care they need, due to poverignorance? Private organizations – unfortunately often workingthe state, as in the case of the SPCA, or working in extreme was with PETA) do step in. More often than not, they are beatethe punch by neighbors and concerned citizens who work far quietly and lovingly. In the case of human poverty, innumeprivate organizations run hospitals, providing clinics eyeglasses, and even surgeries for the needy. Again, unseethe quiet and sustained help given by family members and friwhen people are in dire straits. We don’t see this undercurretelevision or read about it in the news – but it is real.

The marketplace would do a wonderful job in providing organsblood products, if unleashed from government control. Everyhas value, including above all the health of human beings – anmost destitute among us can make a wish and have it grantedfree society and the innumerable charities a free societysupport. For the rest of us, a little personal responsibility govery long way. It’s also the American way, if you ever watcheold Western, or one of Clint Eastwood’s more recent ones!

[ Continued on Pag

New Mexico Liberty – September 2009 – Pa

Some wonderful analogies have been offered that sweetly damnthe "Cash for Clunkers" idiocy. We can look at how this logic wouldextend to lousy houses that don’t "work" anymore, and themainstream news is reporting a possible "Kitchen Clunkers"program to "stimulate" department and home supply stores,presumable complete with public spectacles of smashingrefrigerators. For farmers, the latest buzz is a "Cash for Clunker Cow" program. "[T]here are vast differences in cow efficiency…So,how about providing, say a $200/cow subsidy to allow producersthe opportunity to trade in our older, less-efficient models for moreefficient, newer models?" writes Cow-Calf Weekly  editor TroyMarshall. Of course, he is writing tongue in cheek, picking up on a  joke that has been on the cattle circuit since the onset of the"Clunker" program.

Having the federal government buy or subsidize worthless assets(with borrowed or confiscated money) is not new. I remember the

stories of the $500 hammers and $2000 toilets back in the daywhen it was popular to question military waste. And that’s parlor room stuff. In my lifetime, the wars pursued by the federalgovernment, whether against drugs or countries or cultures havebeen classic case studies in obscene levels of federal spending,concomitant with physical destruction of people and property, for absolutely nothing. Afghanistan? Simply a "Cash for Clunkers"program on an international scale – this one targeted at sustainingUS military contractors, subcontractors, and extended familymembers, as well as bumping up the military budget (thinkGovernment Motors, Rockets, Planes and Torpedoes, Inc). Iraq, onthe other hand, could be viewed as government spending atextreme levels for non-operating and insecurable oil fields – andperhaps most significantly, on property that does not and will never belong to us! How Lehman Brothers! It all makes perfect andbeautiful sense, in a "Cash for Clunkers" world.

The Bush buyouts were no surprise, nor should it be surprising thatthe insanity continues at home and abroad under Obama. After all,when you join a club, you do so because you like the way it doesthings and how it makes you feel, not because you want to makeradical changes. Obama’s pledge of "Change!" was certainly acruel joke on the masses of naïve believers in government who live,like picket-fenced housewives, in a world made substantial throughdreams.

Let’s consider how all this will work in government-provided healthcare, whether you call it single payer, or just Article 99 writ large, or something in between. We already have several examples of government health care – and apparently the only one that people

want to talk about is the Congressional insurance program,whereby millions of people subsidize the unlimited health care for an unaccountable few. Well, if you are the few, it’s a great program.But to hold this up as an example in town hall meetings is proof thata century of public schooling in this country has succeeded inproducing a nation of parrots who can repeat words but have noidea, or apparently interest, in what those words mean.

The health care that the government already runs has also beenmentioned. The real performance versus cost of the militaryhospital system, the abject hinterland of VA hospitals, and thecontracted HMO memberships offered to the military families couldbe discussed. Less well known is the Indian Health Service, and itstrack record, described succinctly here in an article written by theexecutive director of the Property and Environment ResearchCenter in Montana.

Health Care ThroughCentral Planning:A Helpful Analogyby Karen Kwiatkowski

[email protected] ]31 August 2009

http://tinyurl.com/mrhg8t 

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 5/10

[ Continued from Page 4 ]

If we get more governmentized and centrally managed health care,one thing we can look forward to is even more waste andmisallocation in the industry – and both of these eventually find ahome in black and grey markets, which in turn foster increaseddistrust and delegitimization of government.

What Americans need is a helpful analogy, like "Cash for Clunkers," to help them think about the health care proposals beingput forth by government and interested corporate beneficiaries.How about collective agriculture in the old Soviet Union and

Eastern Europe? During the Cold War, we often heard about theincredibly productive backyard gardens of the downtroddenpeasants, and the poor yields of the massive state fields. Theuninformed among us credited this as an excellent example of incentive over command economies. But what we forgot then,briefly, is that, absent a true pricing system and real freedom,productivity and availability of goods will always be severelyconstrained overall.

In the 1980s assessment of backyard garden superproductivity of the old Soviet Union, agriculturalists, economists and pro-freedomadvocates all missed a simple fundamental reality. This mythicalsmall-garden "productivity" was wholly dependent on aconcentration of work time, equipment, fertilizer, good seed, andactual meat, grain, fruits and vegetable products "stolen" from the

"state" and subsequently sold on the "free market."

That this theft was justified to feed the people is beside the point.Collective and command driven health care will produce similar results – and ultimately we will begin to hate the healthy.

LewRockwell.Com columnist Karen Kwiatkowski, Ph.D., a retired U.S. Air Force lieutenant colonel, has written on defense issueswith a libertarian perspective for MilitaryWeek.com, hosts the call-inradio show American Forum, and blogs occasionally for Huffingtonpost.com and Liberty and Power.

+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +

On September 8, 2009, United States District Judge Bruce D. Blackof the United States District Court for New Mexico enteredsummary judgment in a civil case for damages againstAlamogordo, NM police officers. The Judge's straight shootin'message to police: Leave open carriers alone unless you have"reason to believe that a crime [is] afoot."

The facts of the case are pretty simple. Matthew St. John enteredan Alamogordo movie theater as a paying customer and sat downto enjoy the movie. He was openly carrying a holstered handgun,conduct which is legal in 42 states, and requires no license in New

Mexico and twenty-five other states. Learn more here.

In response to a call from theater manager Robert Zigmond, thepolice entered the movie theater, physically seized Mr. St. Johnfrom his seat, took him outside, disarmed him, searched him,obtained personally identifiable information from his wallet, and onlyallowed him to re-enter the theater after St. John agreed to securehis gun in his vehicle. Mr. St. John was never suspected of anycrime nor issued a summons for violating any law.

Importantly, no theater employee ever ordered Mr. St. John toleave. The police apparently simply decided to act as agents of themovie theater to enforce a private rule of conduct and not toenforce any rule of law.

On these facts, Judge Black concluded as a matter of law thapolice violated Matthew St. John's constitutional rights undeFourth Amendment because they seized and disarmed him though there was not "any reason to believe that a crime afoot." Judge Black's opinion is consistent with numerous high and federal appellate courts, e.g., the United States Supreme Cin Florida v. J.L. (2000) (detaining man on mere report that hea gun violates the Fourth Amendment) and the WashinAppeals Court in State v. Casad  (2004) (detaining man obseby police as openly carrying rifles on a public street violatesFourth Amendment).

Mr. St. John's attorney, Miguel Garcia, of Alamogordo, NMpleased with the ruling and look forward to the next phase olitigation which is a jury trial to establish the amount of damaand possibly punitive damages. Garcia said that

"[i]t was great to see the Court carefully consider the issuepresented by both sides and conclude that the U.SConstitution prohibits the government from detaining ansearching individuals solely for exercising their rights tpossess a firearm as guaranteed by our state and federaconstitutions."

Notably, Judge Black denied the police officers' reque"qualified immunity," a judicially created doctrine allogovernment officials acting in good faith to avoid liability

violating the law where the law was not "clearly established." Incase, Judge Black concluded that

"[r]elying on well-defined Supreme Court precedent, the TCircuit and its sister courts have consistently held that officersnot seize or search an individual without a specific, legitireason. . . . The applicable law was equally clear in this cNothing in New Mexico law prohibited Mr. St. John from opcarrying a firearm in the Theater. Accordingly, Mr. St. John's mfor summary judgment is granted with regard to his FAmendment and New Mexico constitutional claims. Defendmotion for summary judgment is denied with regard to the sand with regard to qualified immunity."

Judge Black's opinion and order is welcome news for the gronumber of open carriers across the United States. Though p

harassment of open carriers is rare, it's not yet as rare as it shbe – over the last several years open carriers detained witcause by police have sued and obtained cash settlemenPennsylvania, Louisiana, Virginia, and Georgia. More cases arpending in Ohio, Wisconsin, Michigan, and Pennsylvania.

NOTE: Mathew St. John's attorney, Miguel Garcia, is an assoat John R. Hakanson PC, 307 11th St., Alamogordo, NM 88and can be reached at [email protected] .

Mike Stollenwerk retired from the U.S. Army after over 20 yeaservice to attend law school at Georgetown University. Mike livVirginia, works at a small law firm in Washington, D.C., manages OpenCarry.org with John Pierce.

New Mexico Libert – Se tember 2009 – Pa

Federal judge rules policecannot detain people

for openly carrying guns9 September 2009 – tinyurl.com/m77vosMike Stollenwerk [ [email protected] ]

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 6/10

County Contacts

Bernalillo – lpnm.us/bernalilloMike Blessing – 505-918-6567 / [email protected]

ColfaxRichard Moore – 575-377-6849 / [email protected]

Dona Ana – lpnm.us/dona-anaSiebert Ickler – 575-541-9079 / [email protected]

LeaChristina Groth – 575-397-9366

LincolnRichard Obergfell – 575-378-8025 / [email protected]

Los AlamosAllen Cogbill – 505-662-7833 / [email protected]

LunaMarilyn Steffen – 575-531-2556 / [email protected]

Otero – lpnm.us/otero Gilberto Heredia – 575-439-8234 / [email protected]

RooseveltKen Sanders – 505-749-2085

San Juan – sjclp.orgGary Wood – [email protected]

SandovalRon Bjornstad – 505-288-4228 / [email protected]

Santa FeEd Nagel – 505-471-6928 / [email protected]

Valencia

Abran Gabaldon – 505-864-6870 / [email protected]

LPNM Vacancies

Central Committee (1)

District 3 Representative, Seat A

County Contacts (20)

Catron / Chaves / Cibola / Curry / De Baca / Eddy / GrantGuadalupe / Harding / Hidalgo / McKinley / Mora / Quay

Rio Arriba / San Miguel / Sierra / Socorro / Taos / Torrance / U

College Contacts (3)

Eastern New Mexico University (Portales)New Mexico State University (Las Cruces)

New Mexico Tech (Socorro)University of New Mexico (Various Campuses)Western New Mexico University (Silver City)

Contact the state chair if you're interested in filling a sloIf you don't, who will?

New Mexico Liberty – September 2009 – Pag

Gov. Bill Richardson has been touring New Mexico touting the"success" of the taxpayer-financed Rail Runner commuter train.Recently, he has promoted the idea of transforming the train from aregional, commuter rail system operating between Santa Fe andthe southern suburbs of Albuquerque to one that bisects the statetraveling through Las Cruces on to El Paso and keeps going far beyond Santa Fe all the way to Denver.

Ambitious goals indeed, but they are founded on the assumption onthe part of Richardson and other policymakers that the Rail Runner is a "success." The problem arises in defining what success shouldlook like.

In financial terms, it would be extremely hard to say the train issuccessful. After all, the infrastructure needed just to set the current100 mile system up from Belen to Santa Fe cost averagetaxpayers, whether they use it or not, $400 million. This is a sunkcost that will never be paid back. That's because the systemoperates at a significant and growing loss.

As the Rio Grande Foundation points out in a new study, "Red InkExpress," according to information obtained from the managers of the Rail Runner, from the first date of service in July 2006 throughMay 31, 2009, the average daily "ridership" on the train was a mere2,539. That number shrinks even further when its meaning isclarified. The Rail Runner's "ridership" is calculated based on eachindividual boarding. That means a round-trip commuter to Santa Fefrom Albuquerque is counted twice, since they get on the traincoming and going. The actual average number of daily commutersusing the Rail Runner for its three years of operations is just under 

1,270.

In addition, its annual operating and maintenance deficit isexploding. The data received from the Rail Runner's managementshow that in 2006, the train's first year of operation the operatingdeficit was $7.8 million. Its operating deficit last year was $10.8million. Its operating losses for its third year of operation to May 31,2009, already exceeded $13.4 million. That is a total of $32 millionin operating losses so far.

This means that the taxpayer subsidy per commuter has also beenincreasing as the Rail Runner produces ever higher operating andmaintenance costs far in excess of the fares it charges. Thesubsidy has grown from $6,128 per commuter in its first year tomore than $10,500 this past year.

Taxpayers are effectively paying a select few to ride the railsinstead of a taking a bus or driving. At the average daily ridership of 2,539, taxpayers were kicking in $16.89 per ride during the pastyear.

Considering that the trip from Las Cruces to Belen – the currentsouthern terminus of the Rail Runner – is 191 miles, nearly twicethe system's current length, and that the proposed Raton to SantaFe leg is an additional 176 miles, such an expansion of train servicewould cost an additional $1.5 billion just to construct. Since theprospective Rail Runner service areas are far more sparselypopulated than the current service area, operating losses wouldlikely exceed $50 million annually. These costs would, of course, befinanced by New Mexico taxpayers, whether they ride the train or not.

The fact is that New Mexico faces a $300 million budget shortfathe coming fiscal year. We could really have used the $400 mthat was spent to build the Rail Runner right now, but webeyond that point. With money scarce and the economy still inshape, it would seem that we should do the wise thing whenfinds oneself in a hole: stop digging.

Paul Gessing is the President of New Mexico's Rio GraFoundation. The Rio Grande Foundation is an independent,

  partisan, tax-exempt research and educational organizdedicated to promoting prosperity for New Mexico based

 principles of limited government, economic freedom and indivresponsibility.

A Little Gun HistoryForwarded from various sources

In 1911, Turkey established gun control. From 1915 to 1917million Armenians, unable to defend themselves, were roundeand exterminated.

In 1929, the Soviet Union established gun control. From 1921953, about 20 million dissidents, unable to defend themsewere rounded up and exterminated.

China established gun control in 1935. From 1948 to 1952million political dissidents, unable to defend themselves, rounded up and exterminated

Germany established gun control in 1938 and from 1939 to 19total of 13 million Jews and others who were unable to dethemselves were rounded up and exterminated.

Cambodia established gun control in 1956. From 1975 to 1977million educated people, unable to defend themselves, rounded up and exterminated.

Guatemala established gun control in 1964. From 1964 to 1100,000 Mayan Indians, unable to defend themselves, rounded up and exterminated.

Uganda established gun control in 1970. From 1971 to 1300,000 Christians, unable to defend themselves, were roundeand exterminated.

Defenseless people rounded up and exterminated in the Century because of gun control: 56 million.

Amnesty International says the actual number is well overhundred million people, murdered by their own governments inentirely separate from war.

Why do you think we call it "victim disarmament" ?

New Mexico Liberty – September 2009 – Pa

Liberty, Opportunity, Prosperity

Reports of Rail Runner's successgreatly exaggerated

By Paul J. Gessing[ [email protected] ]

6 August 2009 -- tinyurl.com/kkncjf 

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 7/10

LPNM Central Committee

Chair Ken Cavanaugh – 505-489-8099 / [email protected]

Vice Chair Jay Vandersloot – 505-362-1733 / [email protected]

SecretarySiebert Ickler – 575-541-9079 / [email protected]

Treasurer VACANT

At-Large Representative, Seat AAllen Cogbill – 505-662-7833 / [email protected]

At-Large Representative, Seat BAttila Csanyi –

District 1 Representative, Seat AMike Blessing – 505-515-7015 / [email protected]

District 1 Representative, Seat BBob Finch – 765-412-2374 / [email protected]

District 2 Representative, Seat AGilberto Heredia – 575-439-8234 / [email protected]

District 2 Representative, Seat B

Kathleen Hodgkinson –575-437-6042 / [email protected]

District 3 Representative, Seat ARon Bjornstad – 505-891-4541 / [email protected]

District 3 Representative, Seat BMike Moss – 505-564-4905 / [email protected]

Membership Coordinator Ron Bjornstad – 505-288-4228 / [email protected]

Press SecretaryBill Koehler – 505-264-0835 / [email protected]

Media Director Bob Finch – 765-412-2374 / [email protected]

Campus Contacts

Central New Mexico Community College [CNM]groups.myspace.com/cnmlibertariansMike Blessing – 505-515-7015 / [email protected]

College of Santa FeMorgan Wells – [email protected]

New Mexico State University [NMSU]Kathleen Hodgkinson –575-437-6042 / [email protected]

Internet Resources

Official Website – lpnm.usLPNM Forum – groups.yahoo.com/group/lpnm-forum

Caucus membership required, per the Central Committee

LPNM Discussion – groups.yahoo.com/lpnm-discussOpen forum (unmoderated for the most part)

Blog – lpofnm.blogspot.com

Facebook groupfacebook.com/group.php?gid=20233114967

Ning.com social utility – lpofnm.ning.com

Myspace group – groups.myspace.com/lpnm

County Contacts

Bernalillo – lpnm.us/bernalilloMike Blessing – 505-515-7015 / [email protected]

ColfaxRichard Moore – 575-377-6849 / [email protected]

Dona Ana – lpnm.us/dona-anaSiebert Ickler – 575-541-9079 / [email protected]

Lea

Christina Groth – 575-397-9366LincolnRichard Obergfell – 575-378-8025 / [email protected]

Los AlamosAllen Cogbill – 505-662-7833 / [email protected]

LunaMarilyn Steffen – 575-531-2556 / [email protected]

Otero – lpnm.us/otero Gilberto Heredia – 575-439-8234 / [email protected] 

Rio ArribaLynette Cannon – 575-756-1511 / [email protected] 

Roosevelt

Ken Sanders – 575-749-2085

San Juan – sjclp.orgGary Wood – [email protected]

SandovalRon Bjornstad – 505-288-4228 / [email protected]

Santa FeEd Nagel – 505-471-6928 / [email protected]

TaosLynette Cannon – 575-756-1511 / [email protected] 

LPNM Vacancies

Executive Committee (1)

Treasurer 

County Contacts (19)

Catron / Chaves / Cibola / Curry / De Baca / Eddy / GrantGuadalupe / Harding / Hidalgo / McKinley / Mora / Quay

San Miguel / Sierra / Socorro / Torrance / Union / Valencia

College Contacts (4)

Eastern New Mexico University (Portales)

New Mexico Tech (Socorro)

University of New Mexico (Various Campuses)

Western New Mexico University (Silver City)

Contact the state chair if you're interestedin filling a slot.

If you don't, who will?

New Mexico Liberty – September 2009 – Pa

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 8/10

Administriviaby Mike Blessing, Editor 

If you have news, interesting stories, op-ed pieces, a letter to theeditor, or timely information that you think belongs in the newsletter,please send it along. I can be contacted at 505-918-6567, or justsend it to email address [email protected].

When sending your submission as an MS Word (or Open OfficeText) file, send it single-spaced in 9-pt Arial – like this is. Marginsshould be quarter-inch (0.25”) around, with no headers or footers. If you send it in a text-only format, make it clear to me if you wantanything in bold type, underlined, in italics, struck-through,different colors, etc. I’m not telepathic here, so help me out. AndNO Wordperfect files – I can't open those.

Graphics (pictures, cartoons, etc.) – send the highest qualitygraphics you can – email them to me at the address above, and I’lldo what I can to get them in the next issue. In particular, what Iwant are pictures of YOU the LPNM members, either at LPNM-sponsored events or at other peoples' events. Submission deadlinefor each issue – midnight, third Tuesday of the month.

Articles

As for writing your article, It should be concise (no longer than a fullpage) and topical. A bit of humor helps, especially for op-ed pieces.What I'm really looking for in the way of articles is what's going onin the LPNM – what YOU the membership are up to in spreadingthe message. For example, an article about the stupidity, insanityand evil of the UN might get put in, depending on available spaceand the quality of the article. A group of LPNM members counter-protesting the raising of a UN flag by the city council WILL get putin, and probably will get first priority.

Editorial Viewpoint

The basis for libertarian thought is the Zero Aggression Principle[ZAP] –

A libertarian is someone who believes that no human beinghas the right – under any circumstances – to initiate forceagainst another human being, nor to threaten, incite or 

delegate its initiation.New Mexico Liberty holds that Libertarian candidates, officeholdersor appointed spokespersons at all levels of government or the Partyshould refrain from advocating new or more restrictive laws, new or more expensive spending programs, or new or higher taxes. Toparaphrase from the medical profession, “First, do no harm.”

Submissions Policy

The editor reserves the right to refuse service to anyone for anyreason. The editor will most often be willing to explain any suchreasons. Appeals of the editor's refusal to post an advertisement,article, letter to editor, or anything else can be made to the LPNM'sState Chair, Central Committee and/or Judicial Council.

Copyright

Copyright © 2003–2009 Libertarian Party of New Mexico. All rightsreserved. Permission is explicitly granted for subscribers to recopyNew Mexico Liberty  for non-commercial purposes, specifically asuse as an outreach tool, provided that New Mexico Liberty is copiedin its entirety. Use your imagination here.

Subscriptions and Correspondence

For a print subscription, contact Ron Bjornstad for details.Mexico Liberty will be posted to the web, in PDF format, to the section of the Google group I’ve set up for it –

groups.google.com/group/nmliberty

If you are moving or change your mailing address, please use us in the loop so we can keep your  New Mexico Liberty comiyou – contact Ron Bjornstad [ [email protected] ] if youprint version subscriber. Otherwise, contact the editor.

Advertising in New Mexico Liberty 

Current rates for year-long spots

Full page Ø60.00Half page Ø30.00Quarter page Ø15.00Business card Ø 8.00

Rates are subject to change at the discretion of the editor.editor will do his best to make any such changes only wabsolutely necessary.

Inserts – For an insert into the PDF version that goes out oveinternet, contact the editor at email address . For an insert intprint edition, contact Ron Bjornstad at email add

[email protected] or phone number 505-288-4228.

Ø – The symbol for Federal Reserve Note(s), as used by BostoParty in his books. In plain-text message traffic (such as email)acronym “FRN” will be used by the editor. See  javelinpress.comore information. Also see the Wikipedia page for “FeReserve Note” – en.wikipedia.org/wiki/Federal_Reserve_Note.

THE LPNM OFFICIAL WEBSITE – lpnm.us

LPNM OFFICIAL MAILING ADDRESSAND PHONE NUMBER

918 Ivory Road SERio Rancho, NM 87124

505-288-4228

If the date on your mailing label reads before 10/01/09, it's to renew your LPNM membership.

THE UNANIMOUS CONSENT CHALLENGECASH Ø10,000 PRIZE

To the first person to write a logical and documented eshowing one of the following to be compatible with the Declarof Independence:

Sherman Anti-Trust Act of 1890Pure Food and Drug Act of 1906

Federal Communications Act of 1934National Firearms Act of 1934

Banking Act of 1935

The Internal Revenue CodeControlled Substances Act of 1970

RICO Act of 1970Federal Elections Act of 1970

Plumbing Products Efficiency Act of 1992Anti-Money Laundering Act of 1992

USA PATRIOT Act of 2001Bipartisan Campaign Reform Act of 2002

This challenge is also on the web at tinyurl.com/hn982

To claim your prize, contactMike Blessing at 505-515-7015 or 

send an email to  [email protected] 

New Mexico Libert – Se tember 2009 – Pa

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 9/10

Libertarian Party of New MexicoEnrollment / Renewal / Donation Coupon

(Please print in all areas)

Name ___________________________________ Address ____________________________________ 

City ___________________________ State ________ Zip ______________ Phone _______________ 

Email _______________________ Employer ____________________ Occupation _________________ 

[ ] I am registered to vote as “Libertarian” in the State of New Mexico and wish to [ ] join or [ ] renew as a caumember. I am paying $25 annual dues. I will receive a one year (12 issues) subscription to the LPNM snewsletter “New Mexico Liberty” (the national “LP NEWS” IS NOT included) and I will have delegate status at sconventions. I certify that I do not advocate the initiation of force to achieve political or social goals.

Signed _____________________________________________ 

[ ] I am not registered to vote as “Libertarian” in the State of New Mexico and/or [ ] I do not wish to signstatement opposing the initiation of force to achieve social or political goals. I am paying $25.00 for a one yearissues) subscription to the LPNM state newsletter “New Mexico Liberty” (the national “LP NEWS” IS N

included). I understand that I will receive no other benefits.

[ ] I am making a DONATION to the LPNM in the amount of $ ________ to be applied as follows:

$_____ General Fund $_____ Chairman's Fund $_____ Major Player Fund $_____ Win One Fund

TOTAL of DUES or SUBSCRIPTION plus DONATION $_________ to be paid as follows:

[ ] by enclosed CHECK payable to “LPNM” (Sorry, we cannot accept corporate checks)

[ ] by CREDIT CARD (circle one): VISA / MASTERCARD

Number: __ __ __ __-__ __ __ __-__ __ __ __-__ __ __ __ Expires: ____/____ 

Signature: _____________________________________________ 

Government mandated notices:

● The US Postal Service requires us to notify you that the annual New Mexico Liberty subscription cost isincluded in your LPNM membership dues of $25.00.

● The Internal Revenue Service requires us to print “political contributions are not tax deductible” on alfundraising appeals.

● The Federal Election Commission requires us to ask for the employer and occupation of each individuawhose contributions aggregate in excess of $200 in a calendar year.

The preceding notices alone should be enough reason to join the Libertarian Party, the only political party worto increase your freedom.

COPY OR PRINT, FILL OUT, AND SEND TO:

LPNM c/o Ron Bjornstad918 IVORY RD SE

RIO RANCHO NM 87124

New Mexico Liberty – September 2009 – Pa

8/8/2019 New Mexico Liberty, September 2009

http://slidepdf.com/reader/full/new-mexico-liberty-september-2009 10/10

PAID ADVERTISEMENT

Offering concealed carry and three levels of defensive close quarter handgtraining in the sunny Four Corners.

Located halfway between historic Durango, Colorado and Farmington, NMexico, we offer small classes with plenty of personalized instruction, minutes from either destination.

Train at our new facilities including classroom, moving targets, mechantargets and a shoot house at a private range, free from the norm

distractions.

Individual and small group sessions available upon request.

Call 505-634-1171 or visit our website at tacticalsolutionsinstitute.com. 

We believe in all of the Amendments to the Bill of Rights!

New Mexico Liberty – September 2009 – Pag