Archive for category Law

New ATF Ruling Makes It A Crime To Use A Business’s Machinery To Make Your Own Gun

From The Examiner:

The ruling, signed by ATF Director B. Todd Jones on Friday, also holds that the businesses must “identify (mark) any such firearm and maintain manufacturing records,” and that Gun Control Act requirements may not be avoided by allowing persons to perform processes on machinery, tools and equipment a business controls access to. Excluded from the ruling are weapons and devices regulated by the National Firearms Act.

 

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Gun Rights Activists Plan To Print A Gun At The Capitol

From The Texas Tribune:

Come and Take It Texas announced late Monday that it had purchased “the Ghost Gunner,” a machine that uses 3-D technology to build firearms, for use at the Jan. 13 event, where participants had already planned to carry rifles and shotguns to protest the state’s gun laws.

 

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Insomnia Reason Enough to Take Your Guns in NY

From American Thinker:

Although the Cold War ended over two decades ago, a lawsuit filed December 17 in U.S. District Court in Rochester, NY alleges that such heavy-handed police-state tactics are presently being employed in Andrew Cuomo’s New York.  The suit, filed by attorney Paloma Capanna on behalf of plaintiff Donald Montgomery, alleges that the New York State Police ordered the permanent confiscation of Mr. Montgomery’s registered handguns after he sought treatment for insomnia.  The confiscation was ordered under Cuomo’s “SAFE Act” gun-control law.

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Second Amendment Foundation Sues State of Washington

From SAF.org:

“We took this action due to the confusing and arbitrary language and nature of I-594,” Gottlieb explained. “Three of our plaintiffs, including my son, are residents of other states and cannot legally borrow handguns for personal protection while traveling in Washington. Under I-594, all transfers must be done through federally-licensed firearms dealers, but under federal law, dealers cannot legally transfer handguns to residents of other states. I-594 also essentially prohibits our non-resident plaintiffs from storing their own firearms here.

 

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Australians Have the Right to Self Defense in Name Only

From The Sydney Morning Herald:

Legally, Australians have a right to self-defence.

What we don’t have is the practical ability to exercise that right. Owning any object for the purpose of self-defence, lethal or non-lethal, is a criminal offence. Those trapped within the Lindt cafe were left helpless, as carrying items for self-defence is not allowed under State law. What’s worse, the offender possibly knew it.

Prohibited self-defence items include pepper sprays, mace, clubs and personal Tasers. In some states, carrying a pocket-knife is illegal and even wearing a bullet-proof vest is banned.

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DC Circuit Court Votes Against EPA Regulating Lead Ammo

From the NSSF:

he U.S. Court of Appeals for the District of Columbia today upheld the dismissal of the latest lawsuit brought by anti-hunting groups petitioning the Environmental Protection Agency (EPA) to issue regulations banning traditional ammunition with lead components. The refusal by the EPA to consider the petition was challenged by the anti-hunting petitioners in federal court in 2013.

Traditional ammunition represents 95 percent of the U.S. market and is the staple ammunition for target shooters, hunters and law enforcement, with more than 14 billion rounds sold annually.

You can read the full decision here.

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New Gun Control Group Made Up of State Legislators Won’t Release Membership List

From NSSF:

A handful of state legislators from across the country gathered at the National Press Club in Washington, DC to announce the creation of “American State Legislators for Gun Violence Prevention” or ASLGVP.  The new group, which claims to be non-partisan, will work to push new gun restrictions at the state level.  But the coalition has one major problem – they will not let anyone know who they are.

ASLGVP boasts having 200 members from all 50 states but the group will not release a list of their membership, due to a fear of “political backlash.”  So, outside of the eight members that participated in the inaugural press conference, no one knows who is or is not a member of this group. We are not witnessing a “Profiles in Courage” moment here.

Citizens across the country have a right to know whether or not their respective elected official is a member of this group. Considering that ASLGVP intends to potentially tamper with our Constitutional rights, it is unethical and secretive for members to keep their constituents in the dark about their participation in the group.  If a state legislator is too scared to reveal his or her affiliation with this group, shouldn’t that say something about the agenda that ASLGVP may be trying to move forward?

Perhaps members of this group have opted to keep their participation in ASLGVP a secret because they do not want people to know how out of touch they really are — with their constituents but also the country as a whole.  Last week, the Pew Research Center released the results from its newest poll which found that public support for gun rights has never been higher. The survey showed that 52 percent of Americans believe it is important to protect our Second Amendment rights, a figure that increased seven points over the past year. Since public opinion is not in their favor, ASLGVP members, once they reveal their identities, should indeed be fearful of “political backlash” – a vote out of office in the next election.

ASLGVP said it would meet this week in Washington, DC for the first time.  NSSF would like to attend and hear more about the group’s agenda, but the meeting time and location is secret. Of course it is.  We assume disguises are optional?  How about secret handshakes or de-coder rings?

How about this? Any elected public official who believes they must conduct themselves in such cartoonish secrecy is certainly raising questions about their fitness for their office.  As for transparency, well they clearly don’t see any need for that quaint notion of representative government. They’ll tell us what they want to tell us when they’re ready.  In the meantime, mum’s the word.

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Intelligence Authorization Act of 2015

EFF’s Statement on the Act:

On Wednesday of last week, the Intelligence Authorization Act of 2015 passed in the US House of Representatives. The bill, H.R. 4681, contains Section 309, which imposes guidelines for when the intelligence community can keep some communications collected under Executive Order 12333 (EO 12333). President Reagan wrote the policy document in the 1980s to provide the framework for intelligence agency conduct. Today, it is used to justify mass surveillance of communications.

Congress showed that it is willing to tackle the mass spying conducted under EO 12333 by inserting Section 309 into the bill. It’s one of the first times Congress has publicly stood up to spying covered by the Executive Order. It’s a good sign, but it doesn’t go nearly far enough. The bill must usher in more vigilant—and public—Congressional oversight of EO 12333 and other NSA spying activities.

Unfortunately, the procedures in Section 309 reflect the current status quo: the over-collection, over-retention, and over-sharing of innocent users’ communications. The procedures in Section 309 try to protect the communications of non-targets, but include massive loopholes. These loopholes do not grant any new authority, but they do allow the President to continue the egregious retention and sharing of innocent users’ communication, which is a practice that must be stopped.

While the language in Section 309 was taken from the Senate Intelligence Authorization bill(.pdf), the House did not take time to debate it. We’ve learned over the past year that, at a minimum, both Congress and the public need time to read these intelligence bills and understand their implications. Yet again, this didn’t happen. And yet again, the American public is left without a voice on the surveillance laws used to collect their communications.

GovTrack page

Congress.gov page

Wikipedia page

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Magpul To Be Out Of Colorado In Early 2015

From The Washington Times:

The firearms-accessories manufacturer announced that the company has finalized a contract on its headquarters in Austin, Texas, after entering into a deal on the property in March. In the interim, Magpul had used a temporary facility in Texas, according to a Wednesday press release.

Meanwhile, Magpul’s manufacturing and distribution center is slated to open in January in Cheyenne. A 50,000-square-foot addition is expected to be completed in December on the 185,000-square-foot facility.

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Anti Gunners Admitting Laws Don’t Work

Video

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Tennessee Opinion Writer Tells The Truth: We Want To Ban Guns

From Tallahassee Democrat:

I’m talking about flat-out banning the possession of handguns and assault rifles by individual citizens. I’m talking about repealing or amending the Second Amendment to the U.S. Constitution.

 

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Does I-594 Cover Nail and Flare Guns?

From Whidbey News Times:

The definition of firearm contained in state law and in I-594 reads, “… A weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.”

 These flare guns have previously been determined to be firearms by the WSP Crime Lab in Tacoma because they fire a projectile by an explosive.

Home Depot, Lowe’s and other hardware stores sell Ramset nail guns, which use a gunpowder charge to fire nails, usually into concrete or steel.

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Washington Museum To Return Firearms Because Of I-594

From Guns.com:

The controversial 18-page ballot referendum, which voters approved by a 9-point margin earlier this month, greatly expands background check requirements to include most private gun sales and transfers. While supporters held that the measure’s intent was to close a dangerous loophole which provided criminals with guns, all the Lynden Pioneer Museum knows is that they now have to pull 11 vintage rifles currently on display and return them to donors to become compliant with the new law.

Did Washingtonians know that this is what they were voting for? Laws like this actually create criminals where none existed before. Many museums are stocked with items that are on loan because they don’t have very much money. Now the people of Washington are denied the ability to learn and experience history. Thank you Bloomberg for denying children an education.

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California Sued For Regulating Gun Ads

From WND:

Weapons retailers in California are suing the state over a ban on the display of images of handguns – even the word “handgun” – in what the business owners say is a violation of the First Amendment.

“I am one of the most heavily regulated and inspected businesses in existence, but it’s still illegal for me to show customers that I sell handguns until after they walk in the door,” said Baryla, who owns Tracy Rifle and Pistol.

“That’s about as silly a law as you could imagine, even here in California.”

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FOIA Docs Show DOJ and White House Targeted CBS Reporter Sharyl Attkisson

From Judicial Watch:

On October 4, 2011, Holder’s top press aide Tracy Schmaler tells White House Deputy Press Sectary Eric Schultz, “I’m also calling Sharryl’s [sic] editor and reaching out to Scheiffer. She’s out of control”

Schultz responded, “Good.  Her piece was really bad for the AG.”

Schultz also detailed to Schmaler that he was working with a journalist (Susan Davis, formerly of the National Journal) to target Rep. Darryl Issa (R-CA), the House Republican leading the charge on Fast and Furious:

“And I sent NJ’s Susan Davis your way. She’s writing on Issa/FandF and I said you could load her up on the leaks, etc.”

(Davis authored a critical profile of Issa a few weeks later.)

Mrs. Attkisson gave an interview with The Blaze.

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