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Archive for category Law
From The Federalist:
The Supreme Court has refused to hear “assault weapon” cases in the past. However, previous cases were lower profile and the result of narrow readings, not the backwards interpretation exhibited in Kolbe. In its bravado, the Fourth Circuit may have crossed a bridge too far, sparking national debate and possibly forcing the issue to finally make it to the Supreme Court.
The Kolbe court justified their holding through a misplaced reliance on Heller’s discussion of weapons not protected by the Second Amendment: “dangerous and unusual weapons” and those “most useful in military service – M-16 rifles and the like.” This reliance was completely out of context, most obviously because the M-16 and its stablemates are machine guns, not in common lawful use by civilians anywhere. This is a far cry from the pedestrian semi-automatic weapons Maryland actually targeted.
From The Libertarian Republic:
Assemblywoman Melissa Melendez (R-Lake Elsinore) says “It is our Constitutional right to defend ourselves.” She, of course, is referring to the right to bear arms. California’s laws regarding firearms are some of the most confusing in the nation. By introducing Assembly Bill 757, Melendez is attempting to standardize the criteria used in California to issue concealed carry permits. Similarly to how states often issue driver’s licenses, Melendez says, “If a citizen passes the background check and completes the necessary safety training requirements, there should be no reason to deny them a concealed carry permit.’’
From Military Arms Channel:
A gang member who was recently freed from jail killed his cousin and stole his car Monday then shot and killed a California police officer and wounded his partner before being wounded himself, authorities said.
Whittier Officer Keith Lane Boyer died and Officer Patrick Hazell was wounded when they answered a report of a traffic accident in the eastern Los Angeles County suburb.
Sen. Maralyn Chase (D-Edmonds) says people have to buy insurance for their homes, their cars, and other items, so having it for guns makes sense to her.
Chase insists her bill is not about gun control, but rather public and private protections.
“I fully believe in Second Amendment rights, however, with those rights come great responsibilities,” Chase said. “We see the destructive power of guns almost nightly on the news and yet we do not require gun owners to have any type of liability insurance. Requiring liability insurance may cause an irresponsible gun owner to exercise extra care in preventing firearm-related accidents, especially in tragic accidents involving children.”
EFF recently received dozens of pages of documents in response to a FOIA request we submitted about Operation Choke Point, a Department of Justice project to pressure banks and financial institutions into cutting off service to certain businesses. Unfortunately, the response from the Department of Justice leaves many questions unanswered.
EFF has been tracking instances of financial censorship for years to identify how online speech is indirectly silenced or intimidated by shuttering bank accounts, donation platforms, and other financial institutions. The Wall Street Journal wrote about the Justice Department’s controversial and secretive campaign against financial institutions in 2013, and one Justice Department official quoted in the article stated:
As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California Rifle & Pistol Association submitted a joint-letter to the DOJ explaining the flaws in the regulations and demanding that the regulations be withdrawn or we would be forced to pursue legal action.
Late on Friday, February 10, the DOJ withdrew the problematic regulations from the OAL’s consideration. It is unclear exactly why the DOJ took this action, however it can be surmised that the NRA-CRPA legal letter likely prompted the move. NRA/CRPA’s letter explains the flaws in both the content and process in which DOJ sought to adopt the submitted regulations. While the regulations have been withdrawn, the underlying statutes remain in effect and new/revised regulations will likely be submitted to OAL in the near future.
From KTVZ Oregon:
A measure challenging gun regulations is popping up around the state. Since 2015, four counties have passed a measure known as the Second Amendment Preservation ordinance, and commissioners in Malheur, Union and Lake counties have heard the same measure in the past few weeks.
The ordinance is a reaction to the Oregon Firearms Safety Act, passed by the state Legislature in 2015, which requires background checks for transfers of firearms between private parties. These county ordinances allow sheriffs to ignore this law – which gun advocates see as unconstitutional.
From The Washington Post:
The “white paper” by Ronald B. Turk, associate deputy director and chief operating officer of the ATF, calls for removing restrictions on the sale of gun silencers; allowing gun dealers to have more guns used in crimes traced to their stores before the federal government requires additional information from the dealer; and initiating a study on lifting the ban on imported assault weapons.
Read the original white paper here.
From The Verge:
In the film, Wilson is openly positive about the election of Donald Trump, which may help explain the film’s chilly reception among the liberal-leaning Sundance audience. Then again, there are plenty of reasons for people on the left — Lough included — to find Wilson unsettling. Lough interviews him at length in The New Radical, about other pioneers of the crypto movement, other libertarian radical activists, and how printable weapons level the playing field for anyone who wants a potentially undetectable plastic gun without any government oversight.
From Phoenix New Times:
Fortunately for DPS Trooper Edward Andersson, whose life hung on the edge before Yoxall showed up on January 12, Yoxall had his gun rights restored in 2003 after he successfully completed probation.
Yoxall has paid back his debt to society — big-time.
From National Review:
So, if concealed-carry permit holders are presumptively dangerous, does this mean that they forfeit other constitutional rights? Wynn explained (approvingly) that under the majority’s reasoning they certainly do:
I see no basis — nor does the majority opinion provide any — for limiting our conclusion that individuals who choose to carry firearms are categorically dangerous to the Terry frisk inquiry. Accordingly, the majority decision today necessarily leads to the conclusion that individuals who elect to carry firearms forego other constitutional rights, like the Fourth Amendment right to have law enforcement officers “knock-and-announce” before forcibly entering homes. . . . Likewise, it is difficult to escape the conclusion that individuals who choose to carry firearms necessarily face greater restriction on their concurrent exercise of other constitutional rights, like those protected by the First Amendment.
From Rep. Sensenbrenner:
Today, Congressman Jim Sensenbrenner reintroduced the ATF Elimination Act, legislation that would dissolve the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and merge its exclusive duties into existing federal agencies.
Additionally, the Act calls for an immediate hiring freeze at the agency and requires the Department of Justice (DOJ) to eliminate and reduce duplicative functions and waste, as well as report to Congress with a detailed plan on how the transition will take place. Further, it would transfer enforcement of firearms, explosives and arson laws to the Federal Bureau of Investigation (FBI), and illegal diversion of alcohol and tobacco products would be transferred to the Drug Enforcement Agency (DEA).
Under this bill, the DEA and FBI would be required to submit to Congress a plan for winding down the affairs of the ATF after no more than 180 days, and field offices, along with other buildings and assets of the ATF, would be transferred to the FBI. It would have one year to report excess property to the General Services Administration (GSA).
Congressman Sensenbrenner: “Despite our country being trillions of dollars in debt, government spending continues to rise. Common sense budgeting solutions are necessary, and the ATF Elimination Act is one measure we can take to reduce spending, redundancy, and practice responsible governance. The ATF is a scandal-ridden, largely duplicative agency that has been branded by failure and lacks a clear mission. It is plagued by backlogs, funding gaps, hiring challenges, and a lack of leadership. These facts make it a logical place to begin draining the swamp and acting in the best interest of the American taxpayer.”
On Wednesday the U.S. Court of Appeals for the 7th Circuit handed Second Amendment advocates a major victory when it struck down multiple gun range regulations imposed by the city of Chicago as unconstitutional infringements on the right to keep and bear arms. The majority opinion in the case, Ezell v. Chicago, was written by Judge Diane Sykes, whose name appears on Donald Trump’s short-list of possible Supreme Court nominees.
From Bearing Arms:
While I’d be thrilled that I’d no longer be disarmed and treated like a second class citizen when I visit my friends in the Northeast (other than needing to acquire some “NY legal” downloaded magazines, and another few boxes of Federal Guard Dog 9mm to get around New Jersey’s ignorant ban on hollowpoint ammunition), I frankly am opposed to federal gun laws.
I don’t want more federal gun laws, but instead want the federal gun laws that exist (the National Firearms Act of 1934, Gun Control Act of 1968, etc) repealed or declared unconstitutional.