Posts Tagged second amendment

Supreme Court Refuses To Grant 2A Rights Nationally

From Fox News:

In a stirring victory for those who live in the national’s capital, a panel of the District of Columbia Circuit Court of Appeals recently threw out a D.C. ordinance that denied concealed-carry permits to anyone who could not show a “special” need for self-defense, what is referred to as a “good reason” requirement.  The problem is that other courts of appeal have upheld such restrictive laws and the U.S. Supreme Court has turned down appeals of those decisions, refusing to take up the issue of the Second Amendment’s application to carrying a weapon outside of the home.

This happened most recently at the very end of the Supreme Court’s 2017 term in June when it refused to take up Peruta v. California, an appeal of a decision of the Ninth Circuit upholding California’s good reason requirement.

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California Magazine Ban Blocked

From NRA-ILA:

The battle to secure Second Amendment rights is ever-evolving. On Monday, gun owners were dealt a disappointing blow with the Supreme Court’s refusal to review the legal scheme that empowers California counties to effectively ban the bearing of arms (see related article). Yet by Thursday, Second Amendment advocates were cheering a federal court’s opinion blocking enforcement of California’s draconian magazine ban. That opinion, in Duncan v. Becerra, shows what’s possible when a federal judge treats the right to keep and bear arms with the respect deserved by all provisions within the Bill of Rights. 

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Study Smears Gun Owners As More Fearful And Anxious

From Pacific Standard:

They also responded to a set of statements designed to determine their level of “belief in a dangerous world.” For example, they indicated the extent they agreed with the assertion “Any day now, chaos and lawlessness could erupt around us.”

The results: Gun owners scored higher on specific personal fears and generalized anxiety. They also “believed more strongly that gun possession is an effective method of self-defense.”

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Bill To Strip ATF of Some Powers

From Guns.com:

In its present form, the measure it would protect large caliber rifles and shotguns from being reclassified as “destructive devices” under the National Firearms Act. In several states, rifles chambered in .50 caliber BMG have been banned and Bishop’s legislation would prevent such a curtailment on the federal level.

Next, the bill would remove ATF’s ability to reclassify ammunition as being armor piercing. This could derail past rule changes such as seen with the 5.45mm 7N6 loading as well as the attempted reclassification of “green tip” ammunition.

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Gun Sale Spikes After Shootings

From CNN:

The demand for guns jumped in Newtown after the shooting. Assault rifles began selling out across the country amid fears of tighter gun control legislation. Similar spikes in gun sales followed tragedies in Orlando and San Bernardino, and stock in gun companies surged. Now, research in California suggests that the closer people are to a mass tragedy, the greater the impact on gun sales.

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Media Hysteria Over Guns

From Fox News:

Guns and the media” called print journalists to account for guest columns that appeared in two different newspapers.  In the St. Louis American, a weekly paper distributed in the St. Louis metro area, a guest columnist wrote, “Gun owners love their guns more than they love their children.”  This is a demonstrably false generalization that a good editor would have refused to print.  Instead of allowing this blanket insult towards millions of law abiding American gun owners the editor should have worked through the writing process to assist the writer to honestly present a perspective about children killed in separate incidents around the country.

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Gun Divide Increasing With Along With Political Divide

From Patriot Post:

A new study out of the University of Kansas confirms what many have anecdotally known — a majority of gun owners vote Republican. What may be news, however, is the growing “gun gap.” That term is a reference to the disparity in the percentage of gun owners who identify with either Democrat or Republican parties. The study found that while the percentage of gun owners who vote Republican since 1973 has remained relatively constant, the number of gun owners voting Democrat has dropped significantly.

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Civilians Should Have Military Weapons Says Potential Army Secretary

From Huffington Post:

Tennessee state Sen. Mark Green (R), President Donald Trump’s nominee for Army secretary, strongly believes that citizens should be armed ― and not just with any ol’ guns. They should be able to possess whatever weapons the military has, because an armed citizenry is the “ultimate checks and balances” against the federal government.

“The Second Amendment, while it allows citizens to protect themselves from other citizens, goes well beyond just allowing us to defend ourselves from a criminal,” Green said at a pro-gun rally in 2013.

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Texas Cutting CHL/LTC Fees

From Guns.com:

The House on Tuesday tentatively approved in an 111-30 vote SB 16, which would drop permit fees from $140 to $40 on first-time applications and renewals from $70 to $40, setting the measure up for a third and final reading in the chamber. A legislative priority for Lt. Gov. Dan Patrick, Texas has some of the highest handgun license costs in the country.

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The Second Amendment and Technology

From Foundation for Economic Freedom:

Gun-control advocates often argue that gun-control laws must be more restrictive than the original meaning of the Second Amendment would allow, because modern firearms are so different from the firearms of the late 18th century. This argument is based on ignorance of the history of firearms. It is true that in 1791 the most common firearms were handguns or long guns that had to be reloaded after every shot. But it is not true that repeating arms, which can fire multiple times without reloading, were unimagined in 1791. To the contrary, repeating arms long predate the 1606 founding of the first English colony in America. As of 1791, repeating arms were available but expensive.

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Upholding “Assault Weapon” Ban Could Backfire

From The Federalist:

The Supreme Court has refused to hear “assault weapon” cases in the past. However, previous cases were lower profile and the result of narrow readings, not the backwards interpretation exhibited in Kolbe. In its bravado, the Fourth Circuit may have crossed a bridge too far, sparking national debate and possibly forcing the issue to finally make it to the Supreme Court.

The Kolbe court justified their holding through a misplaced reliance on Heller’s discussion of weapons not protected by the Second Amendment: “dangerous and unusual weapons” and those “most useful in military service – M-16 rifles and the like.” This reliance was completely out of context, most obviously because the M-16 and its stablemates are machine guns, not in common lawful use by civilians anywhere. This is a far cry from the pedestrian semi-automatic weapons Maryland actually targeted.

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North Dakota Passes Constitutional Carry

From Guns.com:

House Bill 1169 codified the right of those with a North Dakota drivers’ license or state-issued ID card to carry a concealed handgun. The bill passed the House last month 83-9 and the Senate this week 34-13. Burgum, who carried an “A” rating from the National Rifle Association during his election campaign last year, contends the measure reaffirms Second Amendment rights.

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Concealed Carry Reciprocity

From The Washington Post:

There are questions, however, about Congress’s authority to pass the bill, which seems to stretch the limits of the commerce power and of the 14th Amendment’s enforcement power, as discussed in posts by Josh Blackman and Joseph Blocher, among others. But there may be another way.

In a letter sent today, Stephen Sachs, Randy Barnett and I argue that Congress should not rely on the commerce power but should instead rely on the Full Faith and Credit Clause.

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California Bill To Standardize Gun Permits

From The Libertarian Republic:

Assemblywoman Melissa Melendez (R-Lake Elsinore) says “It is our Constitutional right to defend ourselves.” She, of course, is referring to the right to bear arms. California’s laws regarding firearms are some of the most confusing in the nation. By introducing Assembly Bill 757, Melendez is attempting to standardize the criteria used in California to issue concealed carry permits. Similarly to how states often issue driver’s licenses, Melendez says, “If a citizen passes the background check and completes the necessary safety training requirements, there should be no reason to deny them a concealed carry permit.’’

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Court Says “Weapons of War” Not Covered Under Second Amendment

From The Trace:

Writing for the 10-4 majority, Judge Robert King of the Fourth Circuit Court of Appeals in Richmond, Virginia, said that the landmark Heller v. District of Columbia decision rendered in 2008 explicitly allows governments to regulate firearms similar in design and function to those issued to members of the military.

The decision marks the fifth time that a federal appeals court has upheld a state assault weapons law, but it goes further than those previous decisions. It is the first to exclude AR-15s and other similar guns from Second Amendment protection on the grounds that they are virtually indistinguishable from weapons of war. The court found that such designation overrides considerations of the common usage or suitability for home self-defense of a gun like the AR-15.

The judges in this case are choosing to be willfully ignorant of the weapons used at the time of the Constitution. There was no difference between arms used in the military/militia and those used for hunting or self defense. Townships had their own armories stocked with cannons (the equivalent of modern artillery). Their argument that the lethality of the weapons disqualifies the weapons is exactly what you would expect from elites in positions of power. They fear the power that the people would wield if allowed to keep and bear such weapons. On another point I would like to know how many of these judges have ever shot or held a gun, let alone own one.

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