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Archive for category Law
Anit-gun Group Encouraging “SWATTING” Of Lawful Carriers
From National Review:
Having failed for decades to achieve any of its broader aims, the Coalition to Stop Gun Violence (CSGV) has decided to experiment with a new tactic: annoying peaceful gun owners into submission. “If you see someone carrying a firearm in public — openly or concealed — and have ANY doubts about their intent,†a recent missive from the group proposed, “call 911 immediately and ask police to come to the scene.†Thus did one of the nation’s leading “anti-violence†outfits casually mark 12 million people as targets.
How The Government Prevents Citizens From Protecting Themselves
From PennLive:
But a serious problem not receiving attention is the issue of law-abiding citizens being prosecuted for failing to realize an action or misdemeanor conviction years ago bars them from owning firearms under federal law.
Our government’s attempt to keep guns out of the hands of people with criminal, mental health and drug histories is a worthy goal.
In practice, however, the effort has led to an unfair and overly complicated federal government application to purchase firearms.
Last Gun Store In San Fran
From Chris Cheng:
Earlier this week, San Francisco’s last gun shop, Highbridge Arms, announced that it is closing its doors in October 2015. Here’s an excerpt from their Facebook page.As Highbridge Arms was my home gun shop, I will be very sad to see it go. There is no official word if they are relocating or simply going for good. I hope they will relocate to somewhere in the Bay Area so we can ensure that San Franciscans can exercise their Second Amendment right.
It will be interesting to see if any viable lawsuits come up in the future which argue that San Francisco has a de facto gun ban since it will (soon) have zero gun shops, or something along those lines. I’m not a lawyer, but I sense potential for legal action by some organization down the line.
Trump’s Position on the Second Amendment
From DonaldJTrump.com:
The Second Amendment to our Constitution is clear. The right of the people to keep and bear Arms shall not be infringed upon. Period.
The Second Amendment guarantees a fundamental right that belongs to all law-abiding Americans. The Constitution doesn’t create that right – it ensures that the government can’t take it away. Our Founding Fathers knew, and our Supreme Court has upheld, that the Second Amendment’s purpose is to guarantee our right to defend ourselves and our families. This is about self-defense, plain and simple.
It’s been said that the Second Amendment is America’s first freedom. That’s because the Right to Keep and Bear Arms protects all our other rights. We are the only country in the world that has a Second Amendment. Protecting that freedom is imperative. Here’s how we will do that:
Enforce The Laws On The Books
We need to get serious about prosecuting violent criminals. The Obama administration’s record on that is abysmal. Violent crime in cities like Baltimore, Chicago and many others is out of control. Drug dealers and gang members are given a slap on the wrist and turned loose on the street. This needs to stop.
Several years ago there was a tremendous program in Richmond, Virginia called Project Exile. It said that if a violent felon uses a gun to commit a crime, you will be prosecuted in federal court and go to prison for five years – no parole or early release. Obama’s former Attorney General, Eric Holder, called that a “cookie cutter†program. That’s ridiculous. I call that program a success. Murders committed with guns in Richmond decreased by over 60% when Project Exile was in place – in the first two years of the program alone, 350 armed felons were taken off the street.
Why does that matter to law-abiding gun owners? Because they’re the ones who anti-gun politicians and the media blame when criminals misuse guns. We need to bring back and expand programs like Project Exile and get gang members and drug dealers off the street. When we do, crime will go down and our cities and communities will be safer places to live.
Here’s another important way to fight crime – empower law-abiding gun owners to defend themselves. Law enforcement is great, they do a tremendous job, but they can’t be everywhere all of the time. Our personal protection is ultimately up to us. That’s why I’m a gun owner, that’s why I have a concealed carry permit, and that’s why tens of millions of Americans have concealed carry permits as well. It’s just common sense. To make America great again, we’re going to go after criminals and put the law back on the side of the law-abiding.
Fix Our Broken Mental Health System
Let’s be clear about this. Our mental health system is broken. It needs to be fixed. Too many politicians have ignored this problem for too long.
All of the tragic mass murders that occurred in the past several years have something in common – there were red flags that were ignored. We can’t allow that to continue. We need to expand treatment programs, because most people with mental health problems aren’t violent, they just need help. But for those who are violent, a danger to themselves or others, we need to get them off the street before they can terrorize our communities. This is just common sense.
And why does this matter to law-abiding gun owners? Once again, because they get blamed by anti-gun politicians, gun control groups and the media for the acts of deranged madmen. When one of these tragedies occurs, we can count on two things: one, that opponents of gun rights will immediately exploit it to push their political agenda; and two, that none of their so-called “solutions†would have prevented the tragedy in the first place. They’ve even admitted it.
We need real solutions to address real problems. Not grandstanding or political agendas.
Defend The Rights of Law-Abiding Gun Owners
GUN AND MAGAZINE BANS. Gun and magazine bans are a total failure. That’s been proven every time it’s been tried. Opponents of gun rights try to come up with scary sounding phrases like “assault weaponsâ€, “military-style weapons†and “high capacity magazines†to confuse people. What they’re really talking about are popular semi-automatic rifles and standard magazines that are owned by tens of millions of Americans. Law-abiding people should be allowed to own the firearm of their choice. The government has no business dictating what types of firearms good, honest people are allowed to own.
BACKGROUND CHECKS. There has been a national background check system in place since 1998. Every time a person buys a gun from a federally licensed gun dealer – which is the overwhelming majority of all gun purchases – they go through a federal background check. Study after study has shown that very few criminals are stupid enough to try and pass a background check – they get their guns from friends/family members or by stealing them. So the overwhelming majority of people who go through background checks are law-abiding gun owners. When the system was created, gun owners were promised that it would be instant, accurate and fair. Unfortunately, that isn’t the case today. Too many states are failing to put criminal and mental health records into the system – and it should go without saying that a system’s only going to be as effective as the records that are put into it. What we need to do is fix the system we have and make it work as intended. What we don’t need to do is expand a broken system.
NATIONAL RIGHT TO CARRY. The right of self-defense doesn’t stop at the end of your driveway. That’s why I have a concealed carry permit and why tens of millions of Americans do too. That permit should be valid in all 50 states. A driver’s license works in every state, so it’s common sense that a concealed carry permit should work in every state. If we can do that for driving – which is a privilege, not a right – then surely we can do that for concealed carry, which is a right, not a privilege.
MILITARY BASES AND RECRUITING CENTERS. Banning our military from carrying firearms on bases and at recruiting centers is ridiculous. We train our military how to safely and responsibly use firearms, but our current policies leave them defenseless. To make America great again, we need a strong military. To have a strong military, we need to allow them to defend themselves.
Professor Suing Missouri University For Second Amendment Rights
From The Washington Times:
A University of Missouri professor is filing a lawsuit against the school for prohibiting guns on campus, in what is aimed to be one of the first tests of the state’s newly amended constitution that provides for “strict scrutiny†of gun restrictions.
Royce de R. Barondes, who is an associate professor of law at the University of Missouri, is challenging the campus’ policy that “the possession of firearms on university property is prohibited except in regularly approved programs or by university agents or employees in the line of duty.â€
Dem O’Malley Calls For Rifle Ban and Fingerprint Registration
Posted by Brian in Law, News, Threat Watch on 15/Sep/2015 07:00
From WMUR:
Democratic presidential candidate Martin O’Malley calls for universal background checks, fingerprint licensing for gun purchases and a rejection of federally mandated concealed carry in a plan he says will “prevent and reduce” gun violence.
His plan, to be unveiled at a gun safety roundtable at Boys and Girls Harbor in New York City, would also ban “assault weapons†and close loopholes he says currently make women vulnerable to gun violence.”
The 2nd and 14th Amendment Working Together
From The Huffington Post:
Every now and then a case, a law comes into focus to remind us just how far we remain from the dream of equal protection under the law. Such a case appears this week in the State of California where the betters have moved Senate Bill 707 to Governor Jerry Brown’s desk for consideration.
SB 707 is a gun control bill. It is part of a larger strategy of zero tolerance gun control measures with the real aim to trip people up in ways that even the smallest mistake causes them to lose their gun rights. SB 707 adds a new tripwire to the Gun Free Zone laws that surround 1,000 feet around every school in California threatening everyone, even those with a dire need or legal permit, from being within these zones with a gun. Everyone that is, except for the one lobby Sacramento needed to support this law, retired police officers. Even though they are no longer law enforcement officers and do not have any police powers, they will be granted a privilege no other citizen will have in the State of California. Indeed, there are lobbyists that seem to believe that retired police officers are not subject to living among their lowly fellow citizens as equals under the 14th Amendment; that they are better, exempt; that they are not “little people”.
Senator Kaine’s Gun Control Bill
From The Federalist:
Kaine’s proposed law, entitled the “Responsible Transfer of Firearms Act,†places a criminal federal liability on anyone who transfers a firearm to an individual prohibited from possessing one by federal law, according to a fact sheet provided by Kaine’s office. Under current law, only federal firearms licensees (FFLs) are criminally liable if they sell a gun to a prohibited individual. Kaine’s law would extend that criminal liability to private individuals as well.
Defense Distributed Injunction Against State Department Denied
From Reason.com:
This week U.S. District Judge Robert Pitman denied a motion for a preliminary injunction against the State Department in the case of Defense Distributed v. U.S. Dep’t of State.
Quotes and comment from Judge Pitman’s decision.
He starts with explaining that it takes a lot to get a preliminary injunction to stop someone from an action you assert violates your rights, and he believes the very fact it took DD so long after the injury to file suit proves that they do not face any urgent necessity to stop the State Department from violating their rights.
Judge Pitman does then grant that, well, precedent states that First and Second Amendment violations do rise to the level of “irreparable”  that might demand an injunction.
Protest In Idaho Over Possible Gun Confiscation
From AP:
Idaho Republican state Rep. Heather Scott of Blanchard said the Veteran Affairs office has sent a letter to John Arnold of Priest River warning him that he cannot possess or purchase firearms.
“I took an oath to uphold the U.S. Constitution and uphold the laws of Idaho,” Wheeler said. “This seemed appropriate to show my support. I was going to make sure Mr. Arnold’s rights weren’t going to be breached.”
Senator Schumer and Amy Schumer Want More Gun Control
Posted by Brian in Law, News, Threat Watch on 10/Aug/2015 07:00
From Rare.com:
Senator Chuck Schumer (D-NY) and his cousin, popular actress and comedian Amy Schumer, are teaming up to showcase a proposal at a news conference in New York to “prevent violent criminals, abusers and those with mental illnesses from obtaining guns.†This is in response to the Lafayette movie theater shooting during Amy Schumer’s comic hit Trainwreck.
Laura Poitras Sues U.S. Government
Posted by Brian in Law, News, Threat Watch on 9/Aug/2015 07:00
From EFF:
Washington, D.C. – Academy and Pulitzer Prize Award-winning documentary filmmaker Laura Poitras sued the Department of Justice (DOJ) and U.S. transportation security agencies today demanding they release records documenting a six-year period in which she was searched, questioned, and often subjected to hours-long security screenings at U.S. and overseas airports on more than 50 occasions. The Electronic Frontier Foundation (EFF) is representing Poitras in a Freedom of Information Act (FOIA) lawsuit against the Department of Homeland Security, DOJ, and the Office of the Director of National Intelligence.
The Second Amendment and “Sporting Purposes”
From NRA-ILA:
In May, I discussed the Bureau of Alcohol, Tobacco, Firearms and Explosives’ varying interpretations of the phrase “sporting purposes†in federal gun control law. We had just fought the agency to a standstill over its plan to ban the manufacture and importation of the M855 cartridge, the second most common variety of ammunition for America’s most popular rifle, the AR-15. B. Todd Jones, then director of BATFE, resigned in the aftermath of that debacle, but not before telling a Senate Appropriations Committee that with pistol platforms for the cartridge available, “any 5.56 round, it’s a challenge for officer safety, public safety.â€
While the NRA has no problem with sports, or the sporting use of arms, that phrase misses the point when it comes to heart of the Second Amendment. By making undefined “sporting purposes†the test for legality under numerous federal firearms laws, Congress not only delegated too much discretion to BATFE, it deemphasized the primary reason Americans own firearms and the primary purpose of their constitutional protection. That reason is self-defense. The M855 episode is just the latest example of why the current congressional scheme, administered by the highly-politicized BATFE, has become untenable. With your help, and the help of Rep. Rob Bishop (R-Utah), the NRA intends to see this problem fixed for good.
The Inconsistency of Canada’s Gun Laws
From The Truth About Guns:
It’s 10 rounds for handguns, and 5 rounds for rifles – except that restriction is on magazines themselves, not guns they’re inserted in, and not on how you use the magazine (the crime is “possession of a magazine capable of holding N roundsâ€, not “loading a magazine with N rounds†or “inserting the magazine with N rounds into gun Xâ€).
https://youtu.be/FbZhYEVnXlA