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Archive for category Law
124 Democratic Representatives Propose Sweeping Gun Ban
From NRA-ILA:
The new ban proposed in H.R. 4269 is another story. It would prohibit the manufacture of most detachable-magazine semi-automatic rifles, numerous semi-automatic shotguns configured for defensive purposes, any semi-automatic rifle with a fixed magazine over 10 rounds (except for a tubular magazine .22), any semi-automatic pistol like the HK SP-89, any semi-automatic pistol with a fixed magazine over 10 rounds, revolving cylinder shotguns, various other named and described firearms, frames and receivers of banned guns, and ammunition magazines over 10 rounds, except those for tubular .22 rimfire rifles.
To see a list of the members of the House of Representatives who have no respect for the Bill of Rights, go here.
Obama To Redefine Who Is A Gun Seller
From Bloomberg:
Obama has let it be known from his holiday retreat in Hawaii, through unidentified advisers, that soon after New Years Day he plans to follow through on plans to expand the definition of who’s “in the business” of selling firearms—and who’s thus required to perform background checks.
There will probably be calls to challenge Obama’s authority to broaden the background check mandate without congressional involvement. Lawsuits and objections from pro-gun Republicans on Capitol Hill will likely follow, as has happened with other efforts by the administration to use executive authority in the environmental arena.
EFF Files Brief In Support Of Defense Distributed’s 3-D Files
Posted by Brian in Law, News, Threat Watch on 1/Jan/2016 07:00
From EFF:
The underlying legal ideas stretch back to one of EFF’s earliest major legal victories. Twenty years ago, in Bernstein v. U.S. Department of Justice, a judge articulated that code is speech inrejecting so-called export restrictions on code that implements cryptographic protocols. Daniel Bernstein, a mathematics Ph.D. student, wanted to publish source code for a program to run an algorithm he developed. He objected to the State Department classification of his code as a “munition†and, with EFF’s help, sued to establish his First Amendment right to publish the code without arbitrary restrictions outlined in the International Traffic in Arms Regulations (ITAR) and other laws—restrictions that included registering as an arms dealer and submitting the code for governmental review.
Read EFF’s full amicus brief here.
Virginia To Revoke Concealed Carry Reciprocity With Most States
From The Washington Post:
Virginia Attorney General Mark R. Herring announced Tuesday that the commonwealth will no longer recognize out-of-state concealed handgun permits, part of a national push to circumvent legislatures opposed to tightening gun laws.
Herring (D) said 25 states have lax laws compared with Virginia, where a history of stalking, drug dealing or inpatient mental health treatment can disqualify someone from carrying a concealed handgun. The move is in step with actions governors and attorneys general are taking to address gun violence without going through Republican-controlled legislatures.
P.W. Arms Sues ATF Over Ammo Ban
From Guns.com:
P.W. Arms, Inc., a wholesaler in Redmond, filed suit against the Bureau of Alcohol, Tobacco, Firearms and Explosives in a Seattle federal court on Dec. 18. The lawsuit alleges the ATF incorrectly classified the ammo 7N6, a 5.45x39mm rifle round, as “armor piercing†and in turn prohibited it from importation after permitting the company to do so.
Cody Wilson Versus The United States
From Fox News:
The (15) members of Congress, led by Rep. Thomas Massie, R-Kent., signed onto an amicus brief in the Fifth Circuit Court of Appeals, where Texas inventor Cody Wilson is fighting a lower court ruling in favor of the government agency. The State Department in 2013, citing a law allowing it to regulate international arms trafficking, blocked Wilson and his nonprofit group Defense Distributed from posting technical data for 3-D printing of legal handguns.
Wilson has received more “friend of the court” backup from policy think tank Cato Institute and various free speech organizations.
Detroit CHL Holder Charged With Recklessness For Shooting At Car Thief
From The Daily Wire:
Forty-six-year-old Tatiana Duva-Rodriguez heard screams in a Home Depot parking lot and saw a man jump into a car with stolen goods. Duva-Rodriguez pulled out her pistol and fired off two rounds into the escape car’s tires, flattening one of them.
From The Washington Post:
Tatiana Duva-Rodriguez thought she was doing the right thing when she pulled out her pistol and fired at a pair of shoplifters as they fled from a Home Depot near Detroit.
She wasn’t, at least in the eyes of the law.
On Wednesday, a Michigan judge sentenced Duva-Rodriguez to 18 months of probation and stripped the 46-year-old of her concealed gun permit.
California Shooting Causes Spike in Gun Sales
From the Daily Democrat:
The gun dealers’ holiday season got off to a rousing start. State data show that sales transactions spiked on Black Friday — the traditional start of the holiday shopping season — to four times the average number for other November days.
That spike was roughly double the uptick in the days after Syed Farook and Tashfeen Malik, armed with two semi-automatic rifles and two semi-automatic handguns, killed 14 and injured 21 in a hail of bullets Dec. 2 at the Inland Regional Center in San Bernardino. All of their firearms were purchased legally in California, which has some of the nation’s strictest gun laws.
LA Times: Banning Rifles Is Stupid
From the LA Times:
Such bans don’t reduce gun crime, but they do stimulate passionate opposition from law-abiding gun owners: Gun control advocates ridicule the NRA’s claim that the government is coming to take away people’s guns, then try to outlaw perhaps the most popular rifle in the country.
The History Of The Gun Control Movement
Posted by Brian in Law, Threat Watch on 9/Dec/2015 07:00
From The Tenth Amendment Center:
Kopel notes that gun control primarily originated after the Civil War as a means to keep freed slaves from having access to firearms, as well as to prevent dueling. Throughout the 1800s, he writes, gun control laws were almost “exclusively a Southern phenomenon.â€Â Outside of that region, the only type of gun control that really caught on was prohibition of concealed-carry, although open carry was still permitted.
What finally brought gun control into the national spotlight was apprehension over revolutionary movements after the communists overthrew of the Russian provisional government in 1917. The gun control movement gained further support for restricting handguns when Prohibition led to a major crime wave in the 1920s.
SCOTUS Refuses To Hear Chicago Gun Ban Case
From Bloomberg:
A Highland Park resident and the Illinois State Rifle Association challenged the city’s 2013 law. They argued in their appeal that lower courts are engaging in “massive resistance” to the 2008 Supreme Court ruling that said the Constitution protects individual gun rights.
“In the seven years since that opinion was handed down, the lower courts have assiduously worked to sap it of any real meaning,” the appeal argued. “They have upheld severe restrictions on the right to keep and bear arms that would be unthinkable in the context of any other constitutional right.”
New Gun Bill Is Gun Controlers’ Wet Dream
Posted by Brian in Law, News, Threat Watch on 26/Nov/2015 07:00
From The Federalist:
Unlike a standard criminal trial, in which a jury must decide beyond a reasonable doubt whether you have violated a criminal law, under this proposed law the government must only show a preponderance of evidence–evidence which will almost certainly be redacted–in order to strip you of your Second Amendment right to defend yourself and your family from terrorists:
In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A of this title or has made a determination regarding a firearm permit applicant pursuant to section 922B of this title, an action challenging the determination may be brought against the United States. The petition shall be filed not later than 60 days after the petitioner has received actual notice of the Attorney General’s determination under section 922A or 922B of this title. The court shall sustain the Attorney General’s determination upon a showing by the United States by a preponderance of evidence that the Attorney General’s determination satisfied the requirements of section 922A or 922B, as the case may be. To make this showing, the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.
Remember, you don’t have to be convicted of any crime whatsoever to end up on the terrorist watch list. You don’t even have to be charged with a crime to lose your constitutional rights under the proposed law. If this proposed legislation were to become law, some DHS bureaucrat–perhaps the type of bureaucrat who wrote earlier this year that “right-wing terrorists†pose the biggest threat to American national security–only needs to snap his fingers and add your name to the blacklist in order to immediately deprive you of your Second Amendment rights and your constitutional right to due process. You don’t even get to review the entirety of the evidence against you.
Ares Armor vs ATF
Posted by Brian in Law, News, Threat Watch on 25/Nov/2015 07:00
From Ammoland.com:
The United States District Court for the Southern District of California ruled against Ares Armor in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives in a decision filed Thursday. United States District Judge Janis L. Sammartino, a George W. Bush appointee, ordered dismissal of plaintiff claims.
Ares claimed First, Second and Fifth Amendment violations by ATF, as well as a violation of the Firearm Owners Protection Act. ATF argued for dismissal, citing “lack of subject matter jurisdiction …  [and] failure to state a claim,†as well as for summary judgment on the claim by Ares that classifying the part as a firearm was “arbitrary.â€
$100 Gun Tax Would Double Price of Some Firearms
From The Daily Caller:
A U.S. congresswoman plans to introduce a bill later this week that would require a $100 tax on all gun sales nationwide. If the bill is passed by Congress, the revenue made off of the tax will go toward mental health and anti-violence programs.
Democratic Congresswoman Nydia Velazquez, from New York, announced the federal legislation called “Reducing Gun Violence in our Neighborhoods Act†at NYC’s City Hall on Monday, according to the New York Daily News.
This amounts to a poll tax on self defense for poor people. Some of the cheapest guns used for self defense are right around $100 and this tax would instantly double their cost. Many other firearms used for self defense would increase by around 50%. This tax would hurt poor people disproportionately, especially those who live in crime prone neighborhoods. Is that fair?
Restaurant Wants Gun Owner Patrons After Robbery
From Fox News:
Art Bouvier is giving the next person who tries to rob his Indianapolis Cajun-style eatery something to think about – by dangling a 25 percent discount for pistol-packing patrons.
After a man claiming to have a gun robbed Papa Roux Saturday night, the New Orleans native announced that customers with a valid a concealed handgun permit will get a quarter off their tab. Bouvier told FoxNews.com he hopes it will send a strong signal that it’s a bad idea to pull a gun with bad intentions in his restaurant.