New Press Release – NOZE KANDY for deer
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Check it out at Press Releases!

Anti Hunters at Supreme Court – This is Serious!
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POMA 2 color logo smallURGENT
Supreme Court Case
Threatens Outdoor Industry

Greetings!

A case to be heard by Supreme Court of the United States might result in serious problems for any person, outlet or entity that shows or sells depictions of hunting and fishing activities.

Felony Charges and Jail Time

Taking, selling or publishing images of hunting, fishing or trapping could mean felony charges and jail time, for

  • journalists
  • photographers
  • magazine publishers
  • television show hosts and producers
  • Web content publishers
  • artists
  • equipment manufacturers
  • stock photography agencies
  • outdoor organizations
  • book authors and sellers
  • sales representatives
  • public relations agencies
  • hunters and anglers, in general
  • and many more

Background on the Case

Here are links to three documents that offer background on the case. Determine if you feel your business, livelihood, constitutional rights and/or basic freedom may be threatened by this case.

Action You Can Take

If you feel this case is threatening American’s First Amendment rights or believe it could negatively affect your business and/or organization, click here to add your name, company or organization added to an amicus curiae brief defending the free speech rights of hunters, fishers, trappers and those who enjoy outdoor magazines, television, Web content, photography and other forms of hunting and fishing communications.

summarySummary of the Case

UNITED STATES of America
v.
Robert J. STEVENS, Appellant.
No. 05-2497

United States Court of Appeals,
Third Circuit.

Argued Oct. 25, 2006.
Argued En Banc Nov. 13, 2007.

Filed July 18, 2008.

This summary and the documents listed above explain well the serious risk the government’s case against Stevens poses to those who produce depictions of hunting and fishing activities.

Robert J. Stevens of Virginia was convicted of criminal charges for producing and selling films about dogs. Stevens’ conviction was overturned as a result of a Third Circuit Court of Appeals decision that said the law relied upon to convict Stevens was unconstitutional.

Stevens may still go to prison. The case is now being heard by the Supreme Court of the United States. The outcome could be devastating to all journalists and specifically to the traditional outdoor sports of hunting, fishing and trapping.

The Third Circuit struck down a federal law banning “depictions of animal cruelty.” 18 USC 48. The statute does not ban acts of animal cruelty themselves (and so this case is not about such actions). It bans images of animals being hurt, wounded or killed if the depicted conduct is illegal under federal law or illegal under the state law either (i) where the creation of the depiction occurs, or (ii) where the depiction is sold or possessed.

That means that a picture taken of the killing of an animal during a hunt (perfectly lawful where it occurred) could be a federal felony crime if that picture is sold or possessed somewhere in the United States where hunting (or the particular type of hunting, ie, crossbow) is prohibited.

As the court of appeals explained, the law now makes it a federal felony to buy a picture of bullfighting in Spain or an image shot by a journalist of a hunter or angler taking a shot at a legal game animal or catching a fish — if that action is is unlawful anywhere in the U.S.

The law creates an exception if a jury finds that the images have “serious” value. The government defined “serious” as “significant and of great import.” The result accordingly is that all depictions of animal killings that might be unlawful somewhere in the U.S. are now presumptively federal felonies, with the only hope of protection being that a jury in San Francisco (or wherever an eager prosecutor wants to go) agrees that the images are “significant and of great import.”

The government and Humane Society, which is pushing this issue hard, are trying to paint this as a case about dog fighting, since that incites peoples’ emotions. it’s about the First Amendment.

Mr. Stevens, is a 69-year-old hunter and Pit Bull dog lover from Southern Virginia. He is a published author. He has no criminal record at all — other than this conviction. He has been sentenced to more than three years (37 months) in prison for making films. Nothing else.

A prosecutor hauled him to Pittsburgh, perhaps because obtaining a conviction in rural Virginia would be difficult, to prosecute him for: one documentary he made about training catch dogs for hunting (called “Catch Dogs”); and two documentaries he made about Pit Bulls and their fighting history.

For that, Stevens faces spending three years in federal prison.

Of particular concern to the hunting and fishing industry is the fact Stevens’ prosecution rested on his film “Catch Dogs”, which showed how dogs are trained to help catch prey (wild boar, etc.). The film shows a dog making a mistake in trying to catch a hog, but does so with Stevens talking over the images about the training mistake and explaining what should be done to teach dogs to catch prey properly.

There is no allegation that Stevens engaged in dog fighting or any acts of animal cruelty. Nor is it even alleged that the images depicted in his films were illegal when taken. Furthermore, he did not take the images himself, but edited together films taken by others — films that were recorded in Japan, where the conduct is perfectly legal, and from historic films from the 60s and 70s in rural America.

To be sure, the latter two films contain extensive images of dog fighting. But Stevens is not a dog fighter, he opposes dog fighting, but loves the traits in Pit Bulls that made them fighters.

Stevens’ films were made to document the strength, endurance, and similar features of Pit Bulls to support his argument (made at length in his book) that Pit Bulls make great hunting dogs, protection dogs, and schutzhund (strength contests) dogs.

Quick Links

Action you can take:
If you feel this case is threatening American’s First Amendment rights or believe it could negatively affect your business and/or organization, click here to add your name, company or organization added to an amicus curiae briefdefending the free speech rights of hunters, fishers, trappers and those who enjoy outdoor magazines, television, Web content, photography and other forms of hunting and fishing communications.

POMA Web Site

POMA | PO Box 1569 | Johnstown | PA | 15907

Results of M1A Rifles Nikon Scope Contest
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If you missed Jerry’s contest at M1A Rifles…good news he will be having more! There were a lot of great posts to the M1A Forum. If you haven’t checked out his site yet, you really should. There are tons of great articles and videos on the M1A and M14.

As for his first contest: The Nikon Buckmaster 4.5-14X40 scope was won by some old cowboy named Hollister DeLong…HEY…that’s me! Free is my favorite price. Thanks Jerry!

I will post some pics as soon as I get the scope.

Win A Free Nikon Scope
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Hey y’all!

One of our newer Skinny Moose bloggers is running a contest at his site:
http://www.m1arifles.com/m1a-rifles/win-a-new-nikon-buckmasters-45-14×40-sf-rifle-scope-free

The contest runs May 9th – 23rd.

You need to check it out. Jerry is giving away a NEW Nikon Buckmasters 4.5-14×40 SF BDC Rifle scope! And we know that’s a great piece.  That would go well on one of the guns I’m building up….so forget it…don’t enter and let me win the scope…yeah that works!

Seriously, he has a great site and the forum page is really good, too.  Go check out m1arifles.com and welcome Jerry to the Skinny Moose blogs!

Bruce is Gone
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I new it was inevitable. Bruce had been in failing health for several months. Sadly, earlier this month, we had to have Bruce put down.

Bruce came to us in June of 2006, already old and the best miles behind him. Yet, there he was, his heart strong and eager to serve.  Dog? Cat? No…Bruce was our 1993 Geo Tracker that I paid $150 for. I had spotted the ad the first day it came out: 1993 Tracker…bad body…$150.  I called the owner and went up later in the day and bought him.  I was told it needed a battery and a V-Belt.

Bruce started, with a jump, and ran hot on the seven mile trip back to Troy, NY.  When I got home I popped the hood and found the reason for Bruce overheating…the belt was shredded. Now the jump start made sense. Bruce’s alternator pulley froze up causing the belt to shred and the water pump not to work.

$150 later Bruce had a new V-belt, alternator and battery, which turned out to be the only repairs he would need.  He passed NY’s tough inspection with no problem.  He served faithfully as an around town – run-the-son to- school car and as my hunting and fishing vehicle.  Bruce would get into unbelievable places, in 4 wheel drive.  He embodied my teachings as America’s Frugal Sportsman…no monthly payments, 4 wheel drive and 30 miles to a gallon!

His main problem was body cancer, a known Tracker nemisis.  It had progressed to the point that I could look down and see the road in two different places.  His brakes were getting bad and I weighed getting them fixed or facing the sad reality that Bruce’s life was at the end.  Bruce made the decision for me. On the way home from my Doctor’s office, one of Bruce’s calipers simply exploded.  I limped home very dejected, kno0wing that Bruce had passed his time.  My wife and son were equally saddened as Bruce enjoyed Rock Star status with us, for his dependability and lack of cost to maintain.  We knew that it would be a miracle to replace him, or as my 11 year-old son, Kobe, said: Look for a new Bruce.

We did, for a month or so. But any Trackers were out of our specs for a suitable vehicle for America’s Frugal Sportsman to drive around in.  Finally, I settled on a weathered 1993 S-15 Jimmy.  It needs some work, but I will done and good for about $900 and no payments.  Not the bargain Bruce was, but those don’t come by every day.  And, I look! Why not buy a more expensive vehicle?   You’re kidding!!!  Why have a $350 monthly payment plus higher insurance premium just to have something shiny? No payments means I can spend more on other things…like hunting and fishing stuff.  Think about it…would your wife complain if you bought a knew $1000 bow if you didn’t have that $425 dolllar payment due on your Silverado?

Being frugal is fun but it can get addicting, I warn you.

So far the Jimmy is just the Jimmy…no name. Every vehicle just does not get a name. We new Bruce was special but it was his color that gave us his name.  GM called it Majenta…most people call it pink. So what else do I name a pink 4X4 driven by a guy…right!  Bruce!

I know Bruce is waiting in the parking lot in Heaven for me and the family to get there. He has earned his rest.

Infolinks 2013