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Archive for category Law
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but instead want the federal gun laws that exist (the National Firearms Act of 1934, Gun Control Act of 1968, etc) repealed or declared unconstitutional.
On behalf of its five-million members, the National Rifle Association’s Institute for Legislative Action (NRA-ILA) applauded the introduction of H.R. 38, The Concealed Carry Reciprocity Act of 2017, authored by Congressman Richard Hudson (NC-8). This legislation would eliminate the confusing patchwork of state carry laws by allowing individuals who possess concealed carry permits from their home state or who are not prohibited from carrying concealed in their home state to exercise those rights in any other state that does not prohibit concealed carry.
For a guy who says his biggest regret is not passing more gun control laws, President Barack Obama sure is pardoning a lot of criminals who’ve violated the gun laws already on the books. As the president took in the sun, sand and amazing golf available to him on his Hawaiian holiday vacation, he also took a moment to pardon or reduce the sentences of more than 200 federal inmates, many of them in federal prison for violating federal weapons laws.
From KMOV St. Louis:
A recent Missouri Court of Appeals decision has clarified the law, saying it is not a criminal offense to carry a firearm into the airport or through airport security if you are a concealed carry permit holder.
From America’s First Freedom:
With his time in office quickly winding down, President Barack Obama gave America’s law-abiding gun owners one last poke in the eye on Friday by sending the U.N. Arms Trade Treaty (ATT) to the U.S. Senate for consideration.
We’ve been reporting on the Arms Trade Treaty for years (see two examples, here and here, for some background on its dangers). John Kerry signed the ATT on behalf of the Obama administration back in 2013, and it took effect in 2014. But 67 U.S. senators must vote for its ratification—a tall order to fill with the Senate’s current pro-gun landscape.
From Gun Mart Blog:
Today, attorneys for 5 gun California dealers have filed a motion for summary judgment to strike down a state law that bans the on-site advertising of handguns outside of gun store in a federal First Amendment civil rights. California Penal Code section 26820, first enacted in 1923, bans gun stores from putting up signs advertising the sale of handguns — but not shotguns or rifles.
During an appearance on the March 21, 2014 episode of HBO’s Real Time with Bill Maher, Ellison explained his position on firearms. During a discussion on the efficacy of gun control, Maher challenged Ellison on the Second Amendment, which resulted in the following exchange:
Maher: Then why doesn’t your party come out against the Second Amendment? It’s the problem.
Ellison: I sure wish they would. I sure wish we would.
Maher: Really? Because I never hear anybody in the Democratic party say that. But they say, ‘I am also a strong supporter.’
Ellison: You’ve got to check out the progressive caucus. We have come out very strong for common-sense gun safety rules.
The lawmaker went on to further characterize the type of gun control he supports by telling Maher, “what it means is that if you want to have grandpa’s shotgun, have it, but get rid of the crazy military-style assault weapons.”
House Bill 110 (HB110), filed by Representative Matthew Krause, (R-Ft. Worth), would deny state material support and enforcement of many federal gun control measures, past, present or future. Experts have noted that the federal government lacks the resources to enforce such measures without participation on the state level and passage would help eliminate enforcement in practice. It reads, in part:
From Fox News:
“There are probably 100 FBI agents who worked on the investigation of Mrs. Clinton– hardworking men and women in field who gathered evidence and interviewed witnesses–…and are furious at the decision not to prosecute her,” Napolitano said on The Kelly File.
From The Federalist:
The lack of nationwide reciprocity also creates a bizarre legal paradox. For almost a few hundred years now, American courts have recognized that interstate travel is a right possessed by all Americans and guaranteed by the Constitution.
Yet when a state does not offer recognition for a citizen’s out-of-state concealed-carry permit, the right to travel comes into direct conflict with the right to self-defense. In other words, under current law an American citizen can lose the constitutional right to self-defense simply while exercising his or her constitutional right to interstate travel.
Congress, through the Protection of Lawful Commerce in Arms Act … has broadly prohibited lawsuits “against manufacturers, distributors, dealers, and importers of firearms … for the harm solely caused by the criminal or unlawful use of firearm products … by others when the produced functioned as designed and intended.” … The present case seeks damages for harms … that were caused solely by the criminal misuse of a weapon by [the perpetrator of the Newtown slayings]. Accordingly, this action falls squarely within the broad immunity provided by the PLCAA.
From the NRA:
The article states that ICE had hatched a plan to use license plate readers (LPRs) at Southern California gun shows to compare information on vehicles parked at the shows with information on vehicles later crossing the border into Mexico.
Of course, there’s nothing inherently suspicious about attending a gun show or traveling to a neighboring country, even if one event precedes another.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Lawyers for the Justice Department on Monday filed a motion in federal court in Phoenix to drop the case against the arms dealer, an American named Marc Turi, whose lawyers also signed the motion.
The deal averts a trial that threatened to cast additional scrutiny on Hillary Clinton’s private emails as Secretary of State, and to expose reported Central Intelligence Agency attempts to arm rebels fighting Libyan leader Moammar Qadhafi.
From Fox News: