Monday, December 31, 2012

NY handgun permit problem ,stems from firearms owners

NY handgun permit problem.

 We'd not have a list of firearms owners and their firearms if New York state were to follow the federal guidelines and the Brady Inc policy. New Yorkers, firearms owners in particular have allowed themselves to be placed on a registered list which includes what type of firearms they own. It's pretty much the same type list the Nazi's used. Name,birthdate, location,fingerprints,occupation,SSN#,place of work,firearms and Serial No's,race,color,national orgin,4 friends names and locations,your mental state,criminal histior if any. YEPPER the only thing missing is RELIGION!

 Then add into the mix Judges who interpert the law as they see fit. WOW Hun, and you have a reciepe for disaster. Especially when those big EGOS are at stake. Had a fellow work mate a long time ago tell me this. If a Judge was any kind of a lawyer he'd never be a Judge.

So where does the problem lie?

After years of me telling sportsmen to stop using the antis terms and fancy names for firearms it apperars they just can't grasp the importance of the words.
 As I visited a few forums over the past week I still see in print from firearms owners the special words used by antis.

We'll never win anything using the oppositions lingo. Nor will we ever convince the 80%, so it's calculated; non caring public that we are serious when people in our own ranks are willing to give up another chip of the Liberty rock.

Saturday, December 29, 2012

New Mexico Wolf suit Appealed by Wild Earth Guardians





Plaintiff ) 1:12-cv-00118-LFG-KBM

v. )



official capacity, and )


STATE GAME COMMISSION, sued in his official )

capacity, )


Defendants, )


and )












Defendant-Intervenors. )






Notice is hereby given that WildEarth Guardians, Plaintiff in the above named case,

hereby appeals to the United States Court of Appeals for the Tenth Circuit from the final

judgment entered in this action on December 3, 2012.

Dated: December 28, 2012.

Respectfully submitted,

s/ Melissa Anne Hailey

Melissa Anne Hailey

New Mexico State Bar No. 25817

W. Randolph Barnhart, P.C.

50 South Steele Street, Suite 500

Denver, CO 80209

(303) 377-6700

James Jay Tutchton

admitted pro hac vice

Colorado Registration No. 21138

WildEarth Guardians

6439 E. Maplewood Ave.

Centennial, CO 80111

(720) 301-3843

Attorneys for Plaintiff WildEarth Guardians

Friday, December 28, 2012

ASPCA Pays $9.3 Million in Landmark to Ringling Bros.

Media Contact: Stephen Payne, (703) 749-5505,

ASPCA Pays $9.3 Million in Landmark
Ringling Bros. and Barnum & Bailey Circus Settlement

Feld Entertainment RICO Lawsuit Will Continue against the Humane Society of the United States, the lawyers, and other remaining defendants

VIENNA, VA - Dec. 28, 2012 – Feld Entertainment, Inc., the producer of Ringling Bros. and Barnum & Bailey® Circus, announced today that the company has reached a legal settlement with the American Society for the Prevention of Cruelty to Animals (ASPCA) in connection with two federal court cases. Under the settlement, ASPCA has paid Feld Entertainment $9.3 million to settle all claims related to its part in more than a decade of manufactured litigation that attempted to outlaw elephants in the company’s Ringling Bros. ® Circus 

This settlement applies only to the ASPCA.  Feld Entertainment’s legal proceedings, including its claims for litigation abuse and racketeering, will continue against the remaining defendants, Humane Society of the United States, the Fund for Animals, Animal Welfare Institute, Animal Protection Institute United with Born Free USA, Tom Rider and the attorneys involved. 


“These defendants attempted to destroy our family-owned business with a hired plaintiff who made statements that the court did not believe.  Animal activists have been attacking our family, our company, and our employees for decades because they oppose animals in circuses.  This settlement is a vindication not just for the company but also for the dedicated men and women who spend their lives working and caring for all the animals with Ringling Bros. in the face of such targeted, malicious rhetoric,” said Kenneth Feld, Chairman and Chief Executive Officer of Feld Entertainment.


The parties filed dismissal papers today in U.S. District Court for the District of Columbia as a result of their settlement.  The settlement covers only Feld Entertainment’s claims against ASPCA for attorneys’ fees and damages in the initial Endangered Species Act (ESA) case filed in 2000 by the animal rights activists and the resultant racketeering (RICO) case brought by Feld Entertainment in 2007.  Discovery in the initial lawsuit uncovered over $190,000 that these animal activist groups and their lawyers paid to Tom Rider who lived off of the money while serving as the “injured plaintiff” in the lawsuit against the circus.   

“Our firm has been defending Feld Entertainment against this onslaught of misguided litigation brought by animal activist groups for years.  As their attorneys, it is gratifying to finally have a settlement that begins to make up for the harm inflicted on this company, the family who owns it, and its employees,” said John Simpson of Fulbright & Jaworski L.L.P., lead counsel for Feld Entertainment in all of the cases covered by the settlement with ASPCA.

Background of Case

The original complaint was filed in July 2000 by the American Society for the Prevention of Cruelty to Animals (ASPCA), the Animal Welfare Institute, the Fund for Animals and Tom Rider, who is a former Ringling Bros. employee.  The case was dismissed in 2001 but was reinstated in 2003 after an appellate court ruled that if Tom Rider could prove that he was injured  by Ringling Bros.’ treatment of the elephants, the case could proceed.  The Animal Protection Institute joined the case in 2006. 

The trial began on February 4, 2009 and lasted approximately six weeks. The case is ASPCA, et al., v. Feld Entertainment, Inc., No. 03-2006 (D.D.C.)(Hon. Emmet G. Sullivan presiding).

On December 30, 2009, the U.S. District Court ruled in Feld Entertainment’s favor (published as ASPCA v. Feld Entertainment, Inc., 677 F. Supp. 2d 55 (D.D.C. 2009)). In its ruling the Court stated that, “the Court finds that Mr. Rider is essentially a paid plaintiff and fact witness who is not credible, and therefore affords no weight to his testimony regarding the matters discussed herein, i.e., the allegations related to his standing to sue." (


That decision found that the plaintiffs’ litigation was based on the untruthful testimony of a paid plaintiff and witness who the Court found received at least $190,000 in payments as his sole source of income over an eight year period by animal special interest groups, including ASPCA, their lawyers and an entity founded and controlled by those lawyers, the Wildlife Advocacy Project.


The Court also ruled, “that ensuring Mr. Rider’s continued participation as a plaintiff was a motivating factor behind the payments to him, and that these payments were a motivating factor for his continued involvement in the case.” The Court also ruled against the other plaintiffs in the case: “because the organizational plaintiffs have not established an injury in fact, traceable to FEI’s actions that can be redressed by the Court, the organizational plaintiffs have no standing to sue under Article III of the United States Constitution.”


Furthermore, the Court ruled that “based upon his failure to complain, the Court finds that Mr. Rider either (1) did not witness elephant mistreatment when he was employed by FEI or (2) any mistreatment he did witness did not affect him to the extent that he suffered an aesthetic or emotional injury.”  The Court’s December 2009 ruling was affirmed in its entirety by the Court of Appeals on October 28, 2011.

Based upon what was revealed in ASPCA, et al., v. Feld Entertainment, Feld Entertainment brought suit in the United States District Court for the District of Columbia against ASPCA, HSUS and other animal rights activists and their lawyers alleging violations of the RICO statute and Virginia Conspiracy Act, malicious prosecution, and abuse of process.  The court denied the defendants’ motions to dismiss that case on July 9, 2012
Additional information on this litigation, including Court rulings, filings and elephant care
information can be found online at

 Information on the

Ringling Bros. and Barnum & Bailey Center for Elephant Conservation® and the company’s international elephant conservation programs is available online at

Ringling Bros. Fulbright & Jaworski L.L.P. legal team is led by John M. Simpson and includes, Michelle C. Pardo, Stephen M. McNabb, Kara Petteway and Rebecca Bazan.


About Feld Entertainment

Feld Entertainment has produced Ringling Bros. and Barnum & Bailey for over 45 years. Ringling Bros.’ elephants, the treasured symbol of The Greatest Show On Earth® and the subject of the litigation, continue to be healthy and well-cared for by a team of full-time veterinarians and an animal care staff that works to ensure that the animals have a safe and positive environment. The company meets and exceeds federal requirements on the care of its Asian elephants, tigers and other animals.  Its animal care practices are commonly accepted and well known to federal, state and local government regulators who routinely inspect Ringling Bros. in almost every city it visits.

Feld Entertainment, Inc. is the worldwide leader in producing and presenting live family entertainment that lifts the human spirit and creates indelible memories, with 30 million people in attendance at its shows each year. Feld Entertainment’s productions have appeared in more than 70 countries and on six continents to date and include Ringling Bros. and Barnum & Bailey, Disney On Ice, Disney Live!, Monster Jam, Supercross, Areanacross, Nuclear Cowboyz and IHRA drag racing. More information on Feld Entertainment is available online at

Wednesday, December 26, 2012

No losers everyone's a winner

No losers only winners:
Do ya think FaceBook and the other social media outlets will ever create a dislike or that sux button, I don't.
It seems these social media outlets only promote yes or positive responses. Kind of like new project in the corporate world. Even it it is wrong and does not work you still win ..Why, because the project was finished regardless of the outcome.

Damn, who would have thought it all started with no looses in grade school athletics. Everyone is a winner.

Be Happy


Sunday, December 23, 2012

Musical Rant on media propaganda

Check out the video

Performed by Rex Benincasa, with Sean Kupisz on electric bass.
Background support vocalists: Lura Berry and Jose Antonio Melian.
This is a shuffley rant rap about The Media; disinformation, propaganda, spin and general manipulation of facts by agencies and people with an agenda to influence the knowledge and opinion of the public. Just the facts.

Lyrics are below.

Don't cha get it? Yeaaaaaaaah! So
SOME of it is the way it is But
WAY more of the time it's big
game SHOW BIZ To pull it
off right The Fat Boys
keep the frame tight. Want your
vision narrow Want your vision
narrow. Sell it all with a
bit of DisInfo
Clip a little hide a
little DisInfo slide a
little False facts in plain
sight Leak Her just right You'll
never feel the bite You know
Z was right: "...slime
from your video." "...slime
from your video." It's just
"Junq Junq Junq...."
And all along they gently guide you
sliding down the slope of acceptance
Doesn't matter what language they're
BSin' in They just
cherry-pick some fiction and
sell it with some "spin". If they're
Pushin' peace from the left or
Hawking from the right What we
get depends on how in Hell they
sell and gel the light. It's
clear what you hear but the
real story's missing and the
powers are hissing _ trying to
make you shake, make you quake-
break orange alert fake to
scare you more jack you down
on the floor false di-
lemmas, vapid nonsense.
Stuff to shake you up
shake you down for more. Wanna hear
more about What for?
What for? You
really don't know what lies
under the half lies? Spinning
long term well disguised
super-size lies? POWER
PLANS! They stay "on point"
threaten you with the joint (and)
Little DisInfo mash-up
helps them sweep the cash up
Power's the focus using lots of
wordy hocus-pocus 'cause
back room deals for oily stuff and
bloody-money's not enough. They're
mad greedy needy so they're
frontin' lefty right with The
New World Order plainly
marching into sight DisInfo's
cooking up some jive of the kind
sparkly enough to distract your
Mickey D mind Keep the
working proles guessing "Look!"
red, white and blue
window dressing! TV
Junq junq junq....

And all along they gently guide you
sliding down the slope of acceptance
Guide you to the chute Here comes the
jack boot!
Never know what hit-cha as the
Shirts come to git-cha Spinning their
Red herring views You
won't hear about that chute
on the local news! On the
info-tainment news they feed you
"Junq Junq Junq...." Keep
everybody freakin' but
offer up a beacon to
buoy up your hopes as you
back up to the ropes. With a
handful of players pullin'
strings and gettin' fat. But the
tail waggin' the dog is
really where it's at. So
you can listen closely but
what you'll hear is mostly more of
what "They" say;
Very scripted every day
Spinny DisInfo guides you and
critical thinking eludes you.
You're surrounded and your brain's
barely grounded as they push

"Junq junq junq junq
junq junq junq " Talkin' 'lotta
Blue State Red State
brain dead in the head State
Sound bites, pull quotes
propaganda, lost votes.
(Don't you worry what it is.
We might not even count 'em)
Get some

Good Ol' Boys to de-
cide. Then they'll
take you for a ride
sliding down the slope of acceptance.
Skim a little hide a
little let DisInfo slide a
little Leak Her just right You
never feel her bite Slick and
hairy-scary. Don't you know
Z was right: "...slime
from your video. "...slime
from your video." It's just
"Junq Junq Junq...."

Thursday, December 20, 2012

Letter to NY Senators from

[url=]Letter to NY Senators[/url]

Shooters Committe on Political Education

To View the email as a web page click here.

Upcoming Session in Albany could be devastating for law abiding gun owners.

We are pleading with you to take a few minutes out of your day and write the letter below to your New York State Senator.

You need to not just write this letter to your New York Senator, but get others to do so also. This could be now or never unless you act now!

Dear Senator
As a law abiding gun owner of New York, We have become very concerned with the impending gun legislation by Governor Cuomo and the Assembly.
As discussed, as a provision of the 1994 "Assault Weapons Ban", NY residents can only buy 10 round magazines for rifles and pistols. Presently, there are no manufacturers of 7 round magazines for rifles or pistols. This would render AR style rifles and semi automatic pistols useless, as no magazines could be used with these guns. I would highly doubt that a manufacturer would make special magazines for NY residents. This would be a de-facto gun ban & would curtail sale of new semi-automatic gas operated firearms in NY State.

Pre-ban magazines holding standard capacity (30 rounds) of  cartridges, manufactured before 1994 are presently "grand fathered" and legal to own in NY. Millions of gun owners in NY State own these   magazines. Because we are a niche market living in one of the "assault weapon" ban states, we had to pay premiums to obtain these legal pre-ban magazines (sometimes as much as $30 to $40 per magazine). Millions of NY residents have hundreds of dollars invested in pre-ban magazines, which were legally obtained according to the laws of the state.

If the Governor and Assembly ban all military look-alike rifles, such as the AR15 sporting rifle, and eliminate grandfather clauses, this would instantly make millions of law abiding NY residents criminals.
The AR15 sporting rifle is by far one of the most popular firearms in the United States today. These guns are used in shooting competitions and target shooting all over the state. AR15s are also used for hunting & prized by collectors. There are thousands of these rifles in NY State today in the possession of law abiding citizens.

I/we are asking that you oppose any ban of these firearms . There have been cases through history (in the US and abroad), where registration was a precursor to confiscation. .

The State can pass hundreds of laws and they will not be able to prevent a sick, psychotic individual from creating atrocities. The killer in CT broke the first and most basic law and moral standard....murder.
Hundreds of new laws would not have prevented that tragedy. Mass murders will be prevelent  in "gun free" zones. And of course, the reason for that is obvious.

We do not have a gun problem in NY State or the United States. We have moral decay occurring in this country.
Thank you very much for your time on this important topic. Please use common sense and prevent the knee jerk reactions that can make your constituents a criminal with the stroke of a pen.

SCOPENY is a non profit 100% Volunteer "Civil Rights Organization", looking out for Gun Owners Rights in New York State.
Please join or renew the $20 annual membership fee today.
For about the cost of a box of ammo you can help SCOPE help you.

Wednesday, December 19, 2012

What's the chance they get it right?

One thing for certain is this.

 For decades I've tried to get the pro gun people to stop using the anti lingo. They are not assault rifles! They are semi-automatic or gas operated rifles/carbines ect. If the industry CEO's and the NRA were to have  used the proper terminology decades ago we might have stood a chance to have all of us speaking as one. From firearms owners to trappers they can't grasp the concept.

A shoot em up video game is about as dangerous as a firearm on the counter. Neither can operate on its own. So all you conservative's need to get a grip and stop repeating crap.

40 years ago we were told gore ,chop and hack videos would make us violent. Guess that explains Manson and his girls.

Bill Ayres, the Presidents friend is /was a mad bomber. The former Weatherman, William Ayers, now holds the position of distinguished professor of education at the University of Illinois-Chicago. Although never convicted of any crime, he told the New York Times in September 2001, "I don't regret setting bombs...I feel we didn't do enough.
end quote

Thank God for idiots 3 of Ayres friends we don't have to deal with.
After 1969, the New Left degenerated into radicals and moderate factions, and that same year, the Weathermen, a surviving faction of SDS, attempted to launch a guerrilla war in an incident known as the "Days of Rage." Finally, in 1970 three members of the Weathermen blew themselves up in a Greenwich Village brownstone trying to make a bomb out of a stick of dynamite and an alarm clock.

Massacres in the United States are nothing new as per  Wiki. You really have to read this!

It's an outright shame this country was founded on OOPS err ah the land grab was made possible by wiping out entire villages.

Lets not forget the hundreds dead from Fast n Furious. 

 Is it so bazaar and hard to fathom that for months the conspiracy guys claimed O needed a big event to gut the country. How the hell does this happen by accident?

As per Wiki:
The German-Jewish critical theorist Herbert Marcuse is referred to as the "Father of the New Left". He rejected the theory of class struggle and the Marxist concern with labor, instead claiming, according to Leszek Kołakowski, that since "all questions of material existence have been solved, moral commands and prohibitions are no longer relevant." He regarded the realization of man's erotic nature as the true liberation of humanity, which inspired the utopias of Jerry Rubin and others.[10] Another prominent New Left thinker, Ernst Bloch, believed that socialism would prove the means for all human beings to become immortal and eventually create God.[11]
end quote

Humm I'm no Phd but do ya think between Edward Bernase and the Marcuse something fell through the cracks.

For all you Faux news droolers before ya email me with another "In God We Trust" deal. Please look at the side of the new coins. Really they are imprinted with "In God We Trust".

Stop repeating the medias bullshit~ You not helping any of us!


Tuesday, December 18, 2012

Hornady Pa Conical 50 cal 240gr :

Hornady Pa Conical 50 cal 240gr : Rifle Ammunition at

The ideal choice for any hunter who wants to use a longer-barreled, slower twist firearm. Hornady's PA Conical bullets deliver greater accuracy and more knock-down power. Our PA bullets are pre-lubed with special knurled grooves on the bearing surface to hold the lubricant on the bullet — no need for a patch or sabot.
Packaged 50 per box.
Hornady Item #6617
Payment money order of your choice
You are bidding on 2 boxes $27.00 shipping will be $7.50 insured
Thanks for looking,
Regards, BPB               

Friday, December 14, 2012

Ammo Brass peices per pound

I pulled this off a forum, who's poster had found it elsewhere.  I sell a lot of used brass and it is difficult to price and make everyone happy. Some folks are elated to get the brass others think you should give it to them. Maybe I'll stick to selling NEW brass LOL then let the sparks fly!

Brass Count By Weight

9mm, 59.46gr/ea, 117.7cases/#, 8.5#/1000

38spl, 68.06gr/ea, 102.8cases/#, 9.7#/1000

40s&w, 70.1gr/ea, 99.9cases/#, 10#/1000

.357mag, 78.3gr/ea, 89.4cases/#, 11.2#/1000

.45acp, 89.58gr/ea, 78.1cases/#, 12.8#/1000

.223, 95.28gr/ea , 73.5cases/#, 13.6#/1000

.44mag, 114.38gr/ea, 61.2cases/#, 16.3#/1000

50bmg, 865.26gr/ea, 8.1cases/#, 123.5#/1000

All weights are uncleaned fired cases with the primer remaining.
If you use 1gal ziploc freezer bags to store your brass, each (full) bag contains:

9mm, 15.6#, 1836cases

40s&w, 12.2#, 1219cases

45acp, 11.4#, 890cases

223, 11#, 809cases

 5gal bucket method

9MM = 8500-9000 pieces

.40 S&W = 7000-7500 pieces

.45 ACP = 3800-4000 pieces

.380: 145

.357 Sig: 96

.45 GAP: 86

.32: 168

10mm: 96

FN 5.7: 124

.25 acp: 260

.30 Luger: 120

.38 S&W: 120

.38 Super: 104

9mm MAK: 124

.45 Colt: 60

.30-M1: 100

.308: 40

.30-06: 35

7.62x39: 54

.50 AE: 48

.30-30: 52

See some of my listings at under BPBRS On Auction Arms as blackpowderbill reloading and on Youtube as BlackPowderBill

Tuesday, December 11, 2012

Budd-Fallen Agency (NMTA Lawyers) Assement of Court Ruling:

Budd-Fallen Agency (NMTA Lawyers) Assement of Court Ruling:

This memorandum describes the significant victory we achieved in WildEarth Guardians v. Lane and NMTA, et al. Because the New Mexico Federal District Court ruled so strongly in our favor by refusing to elevate “Experimental, NonEssential”(“ENE”) populations to the status of threatened or endangered species for purposes of liability for take, I believe the WildEarth Guardians will appeal this decision to the Tenth Circuit Court of Appeals. If this decision is affirmed, it is not precedent to protect state officials acting within the flexibility afforded by the special rules accompanying an ENE population, but it protects third parties such as trappers who are fully complying with state law, from prosecution under the Endangered Species Act (“ESA”). The major ruling by the New Mexico Federal District Court in this case include:

1. In essence, WildEarth Guardians (“WEG”) tried to eliminate the legal distinction set forth in the ESA between an ENE species, a threatened species and an endangered species. Thus, for purposes of liability for “take,” WEG claimed that take of an endangered species was prohibited by statute, and the take prohibitions applied to endangered species were applied to threatened species by regulation. This is a correct analysis of the law. However, WEG then tried to go a step further and convince the court that the strict Section 9 take provisions should apply to ENE species,such as the Mexican wolf. The court strongly rejected that argument. Rather, the court recognized that Congress amended the ESA to include Section 10(j) to give the Fish and Wildlife Service (“FWS”) the flexibility to adopt rules for ENE species to try to get more cooperation from state and local governments in introducing species back into the wild. That is exactly what happened with the ENE Mexican wolf 10(j) rule. Among other things, that rule allows the states, such as New Mexico, to license trapping of fur bearers so long as “due care” is exercised. The New Mexico Game Commission and Director followed those rules and issued trapping licences, citing over and over the fact that the Mexican wolf was introduced in New Mexico as an ENE. The court refused to ignore the 10(j) special rule and refused to elevate the species to the level of threatened or endangered status for liability of a “take.” Although a wolf may be caught in a trap, as long as the trapper has complied with New Mexico trapping regulations, it is not an unlawful take under the ESA.

2. WildEarth Guardians also argued that the act of issuing rules, or a trapping license by Director Lane and Chairman McClintic, essentially starts a “chain reaction” that authorizes take of Mexican wolves. The court also rejected this argument, again noting the distinction between the ENE species and a threatened or endangered species. The court also noted that under the 10(j) special rule for the Mexican wolf, take (i.e. trapping) is prohibited only if third parties (the trappers themselves) fail to follow the proper licensing requirements (if they exist) and fail to exercise due care. The WEG brought forward evidence that wolves had been trapped, but there was no evidence that the trappers were not following New Mexico law, or were failing to exercise due care.

In sum, this is a very strong opinion recognizing important differences in take of ENE species, threatened or endangered species across the board. For that reason, I believe WEG will appeal this decision to the Tenth Circuit Court of Appeals. While this is certainly a “win” and should be enjoyed as one, this is not a case the environmental groups will drop at this stage.

Tuesday, December 4, 2012

Kelly New Mexico wolf

Judges opinion is in the press release at the bottom of the news.

Court strikes down lawsuit challenging trapping in wolf country

New Mexico Department of Game and Fish
Media contact: Dan Williams, (505) 476-8004
Public contact:  (505) 476-8000

Court strikes down lawsuit challenging trapping in wolf country

ALBUQUERQUE – A U.S. District Court on Monday dismissed a lawsuit alleging the director of the New Mexico Department of Game and Fish and the chairman of the State Game Commission violated the federal Endangered Species Act by allowing trapping in the recovery area of the Mexican gray wolf.
U.S. Magistrate Lorenzo Garcia ruled that the environmental activist organization WildEarth Guardians failed to present facts showing the defendants’ actions directly or indirectly caused trappings or taking of wolves. The lawsuit was dismissed with prejudice, meaning it cannot be refiled.
Department Director Jim Lane, who was named in the lawsuit with State Game Commission Chairman Jim McClintic, hailed the decision as a sportsmen’s victory for “real conservationists,” state authority over wildlife management, and the integrity of the Endangered Species Act. 
“We fought aggressively to defeat this frivolous lawsuit,” Lane said. “We are happy with the outcome. It’s unfortunate we had to spend hunters’, anglers’ and trappers’ dollars to win it rather than leveraging those same dollars toward on-the-ground conservation of New Mexico’s wildlife.”
Several organizations intervened as defendants in the case, including the New Mexico Trappers Association, New Mexico Council of Outfitters & Guides, New Mexico Farm & Livestock Bureau, Coalition of Arizona/New Mexico Counties for Stable Economic Growth, United Sportsmen for Fish and Wildlife, New Mexico Cattle Growers Association, New Mexico Wool Growers, and New Mexico Federal Lands Council. The Arizona Game and Fish Commission filed an amicus brief in support of the department’s position.
WildEarth Guardians filed the lawsuit in February 2012, challenging an action by the State Game Commission that lifted a ban on trapping in southwestern New Mexico where the U.S. Fish and Wildlife Service reintroduced the endangered wolves. The organization asserted that by lifting the trapping ban imposed by Gov. Bill Richardson in 2010, the agency and commission violated the Endangered Species Act by creating a system that could kill or harm the wolves.
The court ruled that WildEarth Guardians lacked evidence and failed to present facts to support its case. 
The group could not support its assertion that trapping – by legal or illegal means – posed a significant threat to Mexican wolf populations, nor could it convince the court that the Department of Game and Fish or the State Game Commission were responsible for trapping-related wolf mortalities caused by third parties – trappers.
Although listed as an endangered species, Mexican Wolves are considered an “experimental, nonessential population,” which means the species lacks rigid no-take prohibitions. The species was reintroduced to southwestern New Mexico in 1998, with a goal of reaching a population of 100. The current known population is about 58 Mexican wolves in the wild.

Monday, December 3, 2012

New Mexico defeats Wild Earth Guardians on wolf lawsuit!!


The Federal district court handed out a decision today defeating Wild Earth Guardians in the law suit they brought against the New Mexico Game & Fish.
The court granted the NM Game and Fish & the NM trappers association and interveners cross motion for summary judgement with dismissal. The court agrees the motion to dismiss should be granted and the motion for summary judgement is granted.

So, WildEarth Guardians not only lost the wolf reintroduction land grab suit they may have to pay court fees.

The 46 page paper will be uploaded as soon as it arrives.

Regards BPB
Yesterday afternoon (3 Dec 2012) the Federal Court in Alb. made known its findings (first paragraph of a 46 page document):


V. No. CIV 12-118 LFG/KBM

JAMES LANE, Director of the New Mexico Department of Game and Fish, sued in his official capacity; and JIM McCLINTIC, Chairman of the New Mexico State Game Commission, sued in his official capacity,

Defendants, and



Defendant- Intervenors, and
Amicus Curiae.

1The issues before the Court are of substantial importance and compel a thorough and thoughtful consideration of the parties' arguments and authorities. This lawsuit impacts the effective and efficient management of govermnent under applicable law and also critical environmental issues involving the management and protection of the Mexican gray wolf. The Court expresses its thanks and appreciation to the parties and Amici for their advocacy and their thorough, comprehensive arguments and briefing.

"THIS MATTER is before the Court on Defendants' motionto dismiss' and the parties' and intervenors' crossmotions for summaryjudgment [Doc. Nos. 11, 71, 72.] The motions are fully briefed.[Doc. Nos. 47, 49, 58, 60, 83, 89.] The Court determines that oral argumentis not necessary. After careful consideration of the pertinent law, pleadings and attachments,intervenors' pleadings,3 theparties'errata and additionaldeclarations, along with the amici curiae briefing,the Court concludes that Defendants' motionto dismiss shouldbe granted. Additionally, the Court concludes that summary judgment should be granted in favor of Defendants." (We are working on getting the entire 46 pages on our web page.)

Folks, this is a grand win for trappers and hunters alike. It is a black and white, slam dunk win! The dismissal was with prejudice which means they cannot re-file this suit. The Summary Judgment becomes case law for others to reference and an additional hurdle for the antis to over come. Enjoy and thanks for your support.

Now for the not so good side of all of this; in a few weeks we will be at it again in Santa Fe fighting the same bunch, this time in the legislature. What fun! Winning this lawsuit was costly and has badly depleted our cash on hand. Santa Fe could get expensive too and you can bet that more lawsuits will be coming in the future. Now is the time to knuckle down and help rebuild our war-chest. We have caps, t-shirts, trapping books, raffles tickets and memberships for sale; sell some, buy some...Christmas is coming! We always welcome new members there is real strength in numbers when it comes to Santa Fe! This year our Fur Sale is after trapping is done and in a new facility that is heated and well lighted; will you help refill our coffers by selling your fur at the sale?

The bottom line is pretty straight forward, over the last decade the NMTA has prevailed in every battle in which it has had a fighting chance. Because of the NMTA trapping in NM has been protected and advanced. With this latest court ruling, trapping and hunting across the country has been strengthened; this is a first and your association (you) led the way. We must continue these wining ways. To do this we will need the continued and energized support of our members. Please get the word out and help rally the stragglers into joining with us and supporting our cause.

Again, thank you each and all for your help and support.

P.O. Box 15534
Rio Rancho, NM 87174

On behalf of the NMTA BOD
Tom McDowell