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Archive for category Law
New Law a Reason to Visit Oklahoma?
A new law allows out-of-state permit holders to carry in Oklahoma. According to Guns.com contributor Dabney Bailey:
“Now, the only thing missing is an actual reason to visit Oklahoma.”
With a statement like that she must be from Texas.
Massad Ayoob on Self Defense
The Cato Institute interviewed Massad Ayoob for their daily podcast on May 10th. They discussed using firearms for self defense in the wake of the Trayvon Martin case.
California Wants to Ban Unloaded Rifles
From Guns.com:
Once Assemblyman Anthony Portantino D-La Canada Flintridge realized that there’s no way to tell if a person’s gun is actually unloaded, he modeled this new bill to place an outright ban on all rifles in public. There is already a similar ban on handguns in the state of California.
More on the bill here.
4th Amendment Under Attack Yet Again
This stuff is serious. Maybe most of the “People” protected by the Constitution do not have enough imagination to see how terribly wrong this is going to go for all of us, and I mean ALL of us. Well, I can imagine it because I’ve worked for governments, I know what they are capable of, and I promise you it will not be good. To quote Bogey, “maybe not today, maybe not tomorrow, but soon, and for the rest of your life”, if you can call existence in a police state a life. Think this is hyperbole? We’ll see.
I know first hand that getting warrants can be a pain in the ass, but too bad, its our job to defend and protect the constitution, not whine about how hard it is to do our jobs and still abide by the “current” law, or to look for shortcuts and ways to get around the only document that stands between freedom and totalitarianism.
But don’t worry, I’m clearly over reacting because if I wasn’t, those vigilant watchdogs of the Fourth Estate would surely mention the trampling of our fundamental freedoms in their newspapers, websites and TV news shows, wouldn’t they?
Here is the latest assault on our freedoms from the EFF
DOJ Official: Any Privacy Protection is Too Much Privacy Protection for Cell Phone Tracking
Jason Weinstein, a deputy assistant attorney general in the Department of Justice’s criminal division, told a panel at the Congressional Internet Caucus Advisory Committee’s ”State of the Mobile Net” conference yesterday that requiring a search warrant to obtain location tracking information from cell phones would “cripple” prosecutors and law enforcement officials. We couldn’t disagree more.
For years, we’ve been arguing that cell phone location data should only be accessible to law enforcement with a search warrant. After all, as web enabled smart phones become more prevalent, this location data reveals an incredibly revealing portrait of your every move. As we’ve waged this legal battle, the government has naturally disagreed with us, claiming that the Stored Communications Act authorizes the disclosure of cell phone location data with a lesser showing than the probable cause requirement demanded by a search warrant. Read the rest of this entry »
Bank of America Anti-Gun?
McMillan Firearms is claiming Bank of America terminated their account because of the industry they were in and because of political reasons.
From Guns.com:
Lastly, and to clarify the impetus behind the decision, McMillan asked, “So you are telling me this is a politically motivated decision, is that right?”
According to McMillan, Fox answered in the affirmative and that was the end of the meeting.
New Orleans Cops Sentenced in Murder of Civilians
From PoliceMag.com:
A federal jury had convicted the officers in August of fatally shooting two civilians and seriously wounding four others on Sept. 4, 2005 following Hurricane Katrina. The shooting was covered up for almost five years.
U.S. District Court Judge Kurt Englehardt sentenced Sgt. Kenneth Bowen to 40 years; Sgt. Robert Gisevius to 40 years; Officer Robert Faulcon to 65 years; and Officer Anthony Villavaso to 38 years.
Bill Allows CCW Permits to Under-21s in the Military
Florida, the vanguard of pro gun legislation, has proposed to allow concealed carry permits to anyone in the military regardless of age, as long as they are qualified.
From Guns.com:
The bill, officially known as House Bill 463, was authored by Florida Carry, a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self-defense.
“Those who defend our country overseas should be able to defend themselves and their families at home. There have been too many incidences of violence against our troops who have just returned from overseas deployments and found themselves defenseless at home” the group said in a press release.
States Introduce Bills Requiring No Permit For CCW
From USA Today:
States that have been or are considering bills in current legislative sessions include Colorado, Iowa, Georgia, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota and Virgina, according to the NRA.
South Dakota could be the fifth state to join the ranks of permit-less carry states. Lawmakers last week passed a measure allowing anyone 18 and older with a valid state driver’s license to carry a concealed weapon, as long as they don’t have a background that would otherwise prohibit them from getting a permit. The bill awaits action from Republican Gov. Dennis Daugaard.
Maryland Gun Law: Unconstitutional
Another gun law bites the dust, this time in Maryland. The same lawyer who won the Heller case and the case in Chicago is behind the challenge to the Maryland law.
“A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,” Legg wrote. “The right’s existence is all the reason he needs.”
That’s why we call them “rights”.
Build Your Own Firearm
The Truth About Guns has an interesting article on a little known law that allows individuals to build their own guns without serial numbers if the gun is 80% or less complete. There are some stipulations:
The machine work must be done by the end-user—no contracting it out or having a friend do it. The finished firearm can not be transferred in ANY manner. No willing it to your kids. No giving it to a friend. If you no longer want it, after your inheritors pry it from your cold, dead hands, it MUST be destroyed.
These rules seem arbitrary and silly.
Forced Hard Drive Decryption Is Unconstitutional, Appeals Court Rules
From: Threat Level
Forcing a criminal suspect to decrypt hard drives so their contents can be used by prosecutors is a breach of the Fifth Amendment right against compelled self-incrimination, a federal appeals court ruled Thursday.
It was the nation’s first appellate court to issue such a finding. And the outcome comes a day after a different federal appeals court refused to entertain an appeal from another defendant ordered by a lower federal court to decrypt a hard drive by month’s end.
Thursday’s decision by the 11th U.S. Circuit Court of Appeals said that an encrypted hard drive is akin to a combination to a safe, and is off limits, because compelling the unlocking of either of them is the equivalent of forcing testimony.
Cato Report on Defensive Use of Firearms
The Cato Institute just released a study on the defensive use of firearms entitled Tough Targets.
What would be the effect of depriving ordinary, law-abiding citizens from keeping arms for self-defense? One result seems certain: the law-abiding would be at a distinct disadvantage should criminals acquire guns from underground markets. After all, it is simply not possible for police officers to get to every scene where they are urgently needed.
Justice Breyer – Ideology vs Machete
Posted by Gary in Law, News, Opinion, Threat Watch on 17/Feb/2012 11:16
Justice Stephen Breyer
In a bit of timely and ironic justice, Justice Stephen Breyer, who wrote in his dissenting opinion in McDonald vs Chicago, “… the Framers did not write the Second Amendment in order to protect a private right of armed self defense”, was robbed by a machete-wielding miscreant a few days ago on the island of Nevis. Despite the island paradise’s complete ban on handguns (much like the Justice would have preferred to be the case in Chicago) there still seems to be the odd armed robber, threatening peoples lives and inconveniencing vacationers. Normally the Justice doesn’t need to bring along his own firearms for protection like the rest of us, that is the job of the U.S. Marshals Service. I wonder where they were during the attack? You see this is the problem, there is never a taxpayer-funded, well trained, armed bodyguard around when you need one, even if you are a Justice of the Supreme Court of the United States of America.
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