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Posts Tagged second amendment
Open Carry in Utah
From Guns.com:
The bill is entitled H.B. 49, “Firearms Revisions,” and states “… in the absence of additional threatening behavior, the otherwise lawful possession of a firearm visible or concealed” would not constitute a violation of Utah’s various criminal provisions and statutes.
In short, if the bill is passed law enforcement can’t arbitrarily charge one with a crime for lawfully carrying a firearm – as in the case with Taylor.
Accepting Your Limitations
Posted by Jack Sinclair in Law, News, Opinion on 28/Dec/2011 00:42
by Bruce N. Eimer, Ph.D
“If you carry a gun, you need to recognize that the reason you do so is for personal protection, not to transform yourself into a would-be super hero. Carrying a gun does not give you a license to get involved in situations that are none of your business. It does not give you the authority of a police officer. Your job is to stay safe and keep your loved ones safe.
It makes good sense as a general principle to avoid becoming inextricably involved in confrontations where you are not directly affected in the first place. You take a risk when you involve yourself in other people’s arguments. This is not to say that there will never be a situation that is worth the risk, but that is a personal decision.”
https://www.usconcealedcarry.com/ccm-columns/armed-senior-citizen/accepting-your-limitations/
Racist Roots of Gun Control
Over at Reason.com Thadeus Russell has a review of Gunfight: The Battle Over the Right to Bear Arms in America.
Here is an excerpt from his review:
At the heart of his narrative, Winkler convincingly argues that the people who began the movement against gun control operated not out of the National Rifle Association’s national headquarters in Washington, D.C., but out of a nondescript two-story brick building three blocks from where I sat staring at that pistol: 3106 Shattuck Avenue, in the heart of radical Berkeley. It was there, in 1967, at the headquarters of the Black Panther Party, that Huey Newton and Bobby Seale planned an armed march into the California State Capitol that “launched the modern gun-rights movement.”
Protesting New Hampshire Campus Gun Ban
From Human Events:
Jardis said the idea for the protest came about when he learned that campuses of the state’s university system never updated their gun bans to reflect the concealed carry laws passed in New Hampshire in 2003 and in 2007, he said.
Gun owners are compensating for something.
Posted by Jack Sinclair in Law, Opinion on 28/Nov/2011 04:02
Texas concealed handgun carrier thwarts robbery at Denny’s
Posted by Jack Sinclair in Law, News, Threat Watch on 28/Nov/2011 03:31
“Two armed suspects attempted to rob a Denny’s restaurant, but ended up fleeing for safety after a shootout with a customer.
Officials said two armed suspects wearing bandannas entered and attempted to rob the store. The sole customer in the restaurant, a licensed concealed handgun carrier, observed the suspects enter, pulled out his own gun, took cover and fired at the robbers.
Officials said the suspects returned fire and fled the restaurant. The customer followed the suspects, firing as he went. The suspects jumped into a white minivan and fled the scene.”
http://www.msnbc.msn.com/id/45446615/ns/local_news-houston_tx/#.TtNUGk-kSyN
NRA Interviews Emily Miller
NRA interviews editor Emily Miller from the Washington Times about her quest to acquire a gun in D.C.
Getting A Gun In D.C.
An editor at the Washington Times is documenting her attempt to attain a handgun in the nation’s capitol.
My quest to get a legal handgun in Washington, D.C. feels daunting. I went to the D.C. Firearms Registration office two weeks ago to start the process of getting a legal gun by picking up a 22-page packet of forms and instructions.
The second amendment says “…the right of the people to keep and bear arms shall not be infringed”. The rules and regulations do just that, infringe. These laws are intended to keep guns out of the hands of criminals, but why would any criminal attempt to get a gun in such a manner when they could go buy one on the black market. Laws never prevent anyone from committing an act, they are only used for punishment after the fact.
Gallup Poll: Don’t take away guns
Posted by Jack Sinclair in Law, News on 27/Oct/2011 15:32
By TIM MAK
“This year marks the first time that more people were against a ban than for it.”
“Support for gun control is at its lowest level in more than 50 years, according to a recent Gallup Poll.
In fact, 26 percent of those surveyed think there should be a law banning the possession of handguns, except by the police and other authorized people, reports a Wednesday Gallup poll. On the other hand, 73 percent oppose such a ban — the highest percentage reflecting such sentiment since polling on the issue started in 1959.
Over the past 50 years, the United States has changed its mind drastically on whether a handgun ban is appropriate. In 1959, 60 percent supported a handgun ban, while only 36 percent opposed it.
With regard to semiautomatic guns … 53 percent oppose laws that would make it illegal to manufacture, sell or possess them; only 43 percent agree with that sort of ban. This year marks the first time that more people were against a ban than for it.
A plurality of respondents — 44 percent — want firearms regulations to be kept as they are now, while 11 percent favor less strict gun laws; 43 percent suggest stricter gun laws are necessary.
Views on gun laws have changed dramatically over the past twenty years to the point where no key demographic subgroup favors a ban on handguns. Only those living in Eastern America, Democrats and those without guns in the household still have majority support for stricter gun laws generally, Gallup reports.”
Read more: http://www.politico.com/news/stories/1011/66874.html#ixzz1c13r6Fqr
Record-Low 26% in U.S. Favor Handgun Ban
From: Gallup
PRINCETON, NJ — A record-low 26% of Americans favor a legal ban on the possession of handguns in the United States other than by police and other authorized people. When Gallup first asked Americans this question in 1959, 60% favored banning handguns. But since 1975, the majority of Americans have opposed such a measure, with opposition around 70% in recent years.
H.R. 822: Protecting Gun Owners rights or handing more control to the Federal Government?
Posted by Jack Sinclair in Law, News on 14/Oct/2011 17:12
The NRA has come out strongly in favor of H.R. 822, while the National Association for Gun Rights has taken the exact opposite view, warning that H.R. 822 is a dangerous threat to the rights of gun owners.
The National Association for Gun Rights calls the bill a “Trojan Horse”, warning that although the bill looks OK on the surface, it’s writers are naively allowing the Federal Government more control in an area that needs to remain solidly under the authority of the States.
The position of the National Association for Gun Rights is that the Constitution grants Americans the right to bear arms, we don’t need or want the Federal Government to have any more control, adding layers of bureaucracy, making it more difficult for Americans to own and carry firearms.
Dudley Brown, of the NAGR, says, “While the idea that all states should recognize a concealed weapons permit is sound public policy, the use of the anti-gun federal bureaucracy to implement it is simply foolish.”
The NAGR warns that the current bill makes it too easy for a rider or amendment to be slipped in, turning H.R. 822 from a positive-sounding measure to something that hands more power to the Federal Government – that gun owners face the serious risk politicians will pull a fast one and gun owners will lose ground that we will not be able to take back.
Dudley Brown said,
“So-called “pro-gun” Republicans even KILLED an amendment that would have allowed permit holders to defend themselves in the District of Columbia, one of the most dangerous cities in the country.
Over the past two days, amendments have been offered to require REAL ID-type government requirements on state CCW permits as well as giving Eric Holder the power to classify even more gun owners as “terrorists.”
And while these amendments may have failed in the House, Harry Reid’s Senate is sure to put the screws to gun owners.
The Senate DOES have the votes to impose a HOST of anti-gun amendments to H.R. 822 much like they have done with legislation in the past.”
Brown also warns:
“This bill isn’t just about the right to carry for self defense — it’s a battle over the role of government and the ability to restrict our Second Amendment rights.
Many statists in Washington will co-opt H.R. 822 as part of their grab for more federal power and less individual liberty.”
That is the real danger here.
These are few of the potential threats the NAGR says could result from H.R. 822 being passed:
- More onerous standards to acquire a permit, so that only FBI agents can pass muster (look at New York’s permit system);
- Higher fees;
- More training requirements;
- A demonstration of “Need” for a permit;
- More frequent renewal periods;
- Federally-mandated waiting periods;
- A national database of all permit holders, accessible by Attorney General Eric Holder;
- An extensive, federally-created list of Criminal Safezones, where only criminals will carry and where law-abiding gun owners are vulnerable
We’d like to think that the NRA stands solidly with gun owners, that they are using their political and financial clout to protect the rights of gun owners, but there is a precedent for bills starting out to be supportive of gun rights but winding up actually legislating stricter gun control.
A classic example of this was the the bill H.R. 4332, which eventually became the Firearms Owners’ Protection Act.
“The gun rights movement lobbied Congress to pass the FOPA to prevent the abuse of regulatory power — in particular, to address claims that the ATF was repeatedly inspecting FFL holders for the apparent purpose of harassment intended to drive the FFL holders out of business (as the FFL holders would constantly be having to tend to ATF inspections instead of to customers).”
The Firearm Owners Protection Act of 1986 addressed the abuses noted in the 1982 Senate Judiciary Subcommittee report. Gun rights advocates pushed for it and this is what they got:
- It reopened interstate sales of long guns on a limited basis, allowed ammunition shipments through the U.S. Postal Service (a partial repeal of the Gun Control Act),
- ended record keeping on ammunition sales, except for armor piercing,
- permitted travel between states supportive of Second Amendment rights even through those areas less supportive of these rights, and
- addressed several other issues that had effectively restricted Second Amendment rights.
“However, the act also contained a provision that banned the sale of machine guns manufactured after the date of enactment to civilians, restricting sales of these weapons to the military and law enforcement.
Thus, in the ensuing years, the limited supply of these arms available to civilians has caused an enormous increase in their price, with most costing in excess of $10,000.”
So, although H.R. 4332 was intended to improve the status of gun owners, the Hughes Amendment ended up banning machine guns – which has not been reversed. In an Orwellian turn of events, the “Firearms Owners’ Protection Act” ended up preventing Americans from owning an entire class of firearms.
Rights are easy to lose and very difficult to re-gain.
New regulation requires firearms dealers along border to report multiple sales
Posted by Jack Sinclair in Law, News on 12/Jul/2011 17:53
By CHARLIE SAVAGE
WASHINGTON — “The Obama administration on Monday approved a new regulation requiring firearms dealers along the Southwest border to report multiple sales of certain semiautomatic rifles, a rule intended to make it harder for Mexican drug cartels to obtain and smuggle weapons from the United States.
Under the rule, dealers in Arizona, California, New Mexico and Texas will be required to inform the Bureau of Alcohol, Tobacco, Firearms and Explosives if someone buys — within a five-day period — more than one semiautomatic rifle that accepts a detachable magazine and uses ammunition greater than .22 caliber. Such weapons include AK-47s.
…Mr. LaPierre contended that it should take an act of Congress to impose such a requirement, not a regulation developed by the executive branch alone. He noted that the similar rule requiring dealers to report multiple handgun sales was part of the Gun Control Act of 1968.
“We view it as a blatant attempt by the Obama administration to pursue their gun-control agenda through backdoor rule making, and the N.R.A. will fight them every step of the way,” he said. “There are three branches of government and separation of powers, and we believe they do not have the authority to do this.”
Wisconsin Governor Scott Walker Signs Concealed-carry Bill into Law
Posted by Jack Sinclair in Law, News on 10/Jul/2011 17:24
ROTHSCHILD, Wis. (AP) — “Wisconsin has become the 49th state to legalize the carrying of concealed weapons.
Gov. Scott Walker signed a bill Friday removing the state’s ban. Except for a few minor aspects, the bulk of the law goes into effect in November.
Under Wisconsin’s law, people who obtain a permit and go through training will be allowed to carry concealed weapons in most public buildings, including the state Capitol and city halls, unless a sign is posted saying they are not permitted.”
http://www.newsmax.com/US/ConcealedCarry-Wisconsin/2011/07/09/id/403027?s=al&promo_code=C95C-1

