Posts Tagged Law

Third Circuit Upholds Magazine Ban

From Ammoland:

December 5, 2018. In a 2-1 decision, a panel of the U.S. Court of Appeals for the Third Circuit refused to stop the enforcement of New Jersey’s 10-round magazine ban.

The majority, in an opinion by Judge Shwartz and joined by Judge Greenaway, both appointed by President Obama, held that the ban did not violate the Second Amendment because it reasonably advanced the State’s interest in reducing mass shootings without severely burdening the rights of law-abiding citizens.

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The ATF’s Wide Authority

From Bearing Arms:

Although I cannot disclose all of the occasions where ATF has recently reversed its prior determinations or devised a new interpretation of the law or regulation, I can disclose a recent prosecution, of a veteran, where ATF devised a new interpretation out of whole cloth and was successful in convincing the U.S. Attorney’s Office for the Northern District of Ohio to prosecute. The case is U.S. v. Wright, 3:18-CR-162 and it should have the entire Firearms Community alarmed.

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Class Action Against Google

From The Truth About Guns:

To qualify, a person or company must have had its AdWords/AdSense account suspended or terminated by Google LLC between March 2014 and September 2017 based on the fact their websites advertised “any products that (i) were designed to injure an opponent in sport, self-defense or combat such as knives, crossbows and guns or (ii) which comprised any part or component necessary to the function of a gun (iii) or which were intended for attachment to a gun” in violation of Google’s “dangerous products or services policy.”

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Chicago Judge Acquitted On Firearms Charge

From Guns.com:

A Cook County judge facing a misdemeanor weapons charge was found not guilty after officials couldn’t prove the gun in question actually existed.

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Background Checks Aren’t Working

From Bearing Arms:

If background checks were the least bit effective, then maybe expanding background checks might make sense. But they haven’t done a whole hell of a lot.

It doesn’t do a thing to deal with black market guns. It doesn’t prevent the theft of firearms from law-abiding gun owners–you know, the people who passed their background checks in the first place.

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Washington Gun Control Measure Allowed Despite Problems

From MyNorthwest.com:

The billionaires behind I-1639 — at least two of whom apparently enjoy armed guards for themselves — didn’t bother to put the full text of the measure on the initiatives people signed: it-is-not-there. That is not even questionable. There is the proposed law and there is what people signed: the two documents are-not-the-same. Here, used with the permission of WeTheGoverned.com, is the initiative people signed. The red ink indicates where the language has been altered, ignored or changed. This is-not-the-full-text of the measure.

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Oregon Petition To Stop Future Gun Ban Legislation

From Gun Dynamics:

Petitioners for the Right to Bear Arms Charter Amendment were given a deadline of August 7 to turn in the necessary signatures from the public. Organizer Jason Williams said they turned in more than 8,000 signatures required by the election office. That’s 2,000 more than they needed.

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Despite Laws LA Schools Fail Safety Test

From Daily Caller:

A Blue Ribbon Panel on School Safety, organized by Los Angeles City Attorney Mike Feuer, cautioned that Los Angeles schools may not be meeting adequate safety measures, even though the city and state of California has tough gun laws, according to a report released Monday.

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Explanation Of Futile Injunction Against Defense Distributed

From National Review:

We are in the grips of a bizarre political panic that is disconnected from the facts and the law but is deeply connected not just to the larger culture war over gun rights in the United States but also to the deep suspicion of virtually any action taken by the Trump administration. There was a time when we could have greater confidence in federal courts to take a breath, soberly consider the issues, and introduce a measure of reason and rationality to legal debate. In some courts — especially when Trump administration actions are at issue — those days are long past.

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Interstate Gun Ban May Be Headed To Supreme Court

From Guns.com:

The thin majority agreed that the longtime ban on selling handguns over the counter to out-of-state residents is in the public interest. The minority vehemently disagreed with the concept, which predated today’s modern instant criminal background check process, holding it was against the Second Amendment and was confusing when compared to the ability to sell rifles and shotguns without such prohibitions.

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SAF and NRA Sue Seattle Over Gun Storage

From The Hill:

The NRA, a gun rights group called The Second Amendment Foundation and two gun-owning Seattle individuals accuse the city of violating the state’s preemption statute with its new “safe storage” gun law, according to KOMO News.

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Gun Prohibitionists Will Never Be Satisfied

From Bearing Arms:

ANGER is mounting over laws which allowed a murderous Sydney dad to legally purchase two powerful handguns — one of which he used to kill his two children in a sickening home attack.

Almost 10,000 Australians have signed a petition which calls for a “full-scale” review of gun laws after the July 5 shooting in which John Edwards killed his children 15-year-old Jack and 13-year-old Jennifer in West Pennant Hills in the city’s west before returning to his home and killing himself.

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Court: Impossible Doesn’t Mean Unconstitutional

From NRA-ILA:

The majority of the court went further, though, and eliminated the possibility that its own rule could be applied to make the law inoperative in this or any other case: “Neither the text nor the purpose of the Act contemplates that a showing of impossibility can excuse compliance with the statutory requirement once the statute goes into effect,” adding that Section 3531 did “not authorize courts to independently carve out exceptions for impossibility” once the certification had been made.

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Micro Stamping Law Upheld In California

From Guns.com:

California’s high court on Thursday sided with the state in a long-running case brought by firearms industry groups who say the state’s microstamping requirement is unattainable.

“Impossibility can occasionally excuse noncompliance with a statute,” Justice Goodwin Liu said for the majority. “But impossibility does not authorize a court to go beyond interpreting a statute and simply invalidate it.”

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Police Draw Guns On Open Carriers

From Guns.com:

Gun rights advocates are livid after Miami Beach Police on Sunday briefly detained a group of fishermen on a public pier over questions on their holstered handguns.

The anglers, members of Sunshine State gun rights group Florida Carry, are shown in a live-streamed video of the event being interviewed by responding officers who have their sidearms drawn. While the advocates, who were ultimately released after two hours, hold they were within their rights as state law allows for legal open carry while hunting or fishing, police feel they responded within guidelines.

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