Archive for category Law

Court Rules Gun Owners Are Dangerous and Forfeit Other Rights

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.

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ATF Elimination Act Introduced by Rep. Sensenbrenner

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.”

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Court Strikes Down Gun Range Regulations

From Reason.com:

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.

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National Concealed Carry and the Second Amendment

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.

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National Concealed Carry Reciprocity Bill Submitted To Congress

From NRA-ILA:

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.

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President Pardons Gun Criminals

From NRA:

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.

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Guns Allowed In Airports, If You Have A Concealed Carry Permit

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.

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Obama Sends UN Arms Trade Treaty To Senate

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.

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Dealers Challenging Ban On Handgun Advertising

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.

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Potential DNC Chair Is Rabidly Anti-Gun

From NRA-ILA:

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.”

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Cody Wilson Discusses Printed Guns and Liberty

From Reason.com:

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Texas Bills Introduced To Refuse Compliance With Federal Gun Laws

From The Tenth Amendment Center:

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:

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Angry FBI Agents Likely Source Of Leaked Emails

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.

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The Case For National Reciprocity

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.

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Bushmaster Granted Immunity In Newtown Suit

From NRA-ILA:

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.  

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