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Archive for category Law
Washington Sheriff Says I-594 Is Unenforceable
From San Juan Islander:
As a law enforcement officer, I know this is completely un-enforceable. Unless a cop is hiding in your living room when you make the sale, gift or loan, no one will ever know it happened and it won’t help solve the problem. Sadly, both sides have wasted multi-millions of dollars on this un-workable Initiative.
Competing Gun Initiatives In Washington State
From ABC:
Two competing measures on the Washington state ballot this fall ask voters to take a stance on expanded background checks for gun sales. One is seeking universal checks for all sales and transfers, including private transactions. The other would prevent any such expansion.
Bill To Remove Race From Form 4473
From Guns.com:
The measure, sponsored by Reps. Diane Black (R-TN) and Ted Poe (R-Texas), would place a prohibition on the Federal government’s current practice to require race or ethnicity to be disclosed during the transfer of a firearm. This comes after an article in the Washington Times earlier this week brought attention to the practice, quietly implemented two years ago by the ATF, of mandating that patrons buying or receiving a gun select a series of questions on Form 4473 to better identify their race and whether or not they are Hispanic.
Bill To Require Background Checks on Homemade Guns
From Guns.com:
“The laws should be the same for the gun you buy and the gun you make,†said Honda. “Our system of background checks and registrations are in place to ensure public safety. There’s absolutely no reason these checks and registrations should apply to guns made by a licensed manufacturer, but not apply to other, equally dangerous, weapons.â€
How exactly is this going to be enforced? Unless you get rid of the Fourth Amendment to check everyone’s home for guns, this law cannot work.
Anti-gun Zealots File Lawsuit Against Online Ammo Seller
From Washington Times:
“The lawsuit alleges that the websites negligently supplied Holmes with the arsenal he used to kill 12 people and wound at least 58 others by failing to use any screening mechanism to determine his identity or intent for the products,†the Brady Center said in a media release, Fox-affiliated KDVR reported.
New Sofware From Apple and Google Better At Protecting Your Information From Government
From Reason.com:
Observant tech journalists have noticed something big in their latest privacy notes. Apple has changed its encryption so that the company itself cannot access the data on its users’ phones and iPads without the passcode. Thus, if police or the feds come to Apple with warrants to grab potentially useful private data off a device, they couldn’t comply even if they wanted to.
From ArsTechnica:
The Washington Post is reporting that Google will finally step up security efforts on Android and enable device encryption by default. The Post has quoted company spokeswoman Niki Christoff as saying “As part of our next Android release, encryption will be enabled by default out of the box, so you won’t even have to think about turning it on.â€
The move should bring Android up to parity with iOS. Apple recently announced enhanced encryption for iOS 8, which Apple says makes it impossible for the company to decrypt a device, even for law enforcement. While Android’s encryption was optional, it seems to work in a similar way, with Christoff saying “For over three years Android has offered encryption, and keys are not stored off of the device, so they cannot be shared with law enforcement.”
NY Gun Store Forced To Give Sales Records To Police Under S.A.F.E. Act
Posted by Brian in Law, News, Threat Watch on 20/Sep/2014 07:39
From Townhall:
A SWAT team raided co-owner Joe Palumbo’s Albion Gun Shop without a warrant. They were acting on orders from the Narcotics Enforcement Unit, who asked the shop to hand over a customer list so they could determine how many people had purchased New York SAFE Act compliant rifles. The gun owner was forced to present approximately 170 sales records. Under the state’s anti-gun law, this intrusion was completely legal.
Critics claim that exchanges such as these prove that the SAFE Act is arbitrary and confusing:
“The New York S.A.F.E. Act is being enforced arbitrarily on a case by case basis,†Tresmond said. “That amounts to unconstitutional vagueness under the Supreme Court’s Morales standard, and the law should be enjoined for that reason alone.â€
Defending the Second Amendment
From Forbes:
A flurry of such challenges began right after Heller, led to McDonald v. Chicago(2010) and are still ongoing. In an important example, in February 2014 the Ninth Circuit Court of Appeals confirmed that the Second Amendment protects an individual right to carry firearms for self-defense in public. The decision came in Peruta v. San Diego County. The majority opinion in Peruta said, “We are called upon to decide whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense.â€
Single Mom Arrested For Being Honest and Law Abiding
From WND:
Pennsylvanian Shaneen Allen’s honesty already has led to 46 days of jail, and she could face a minimum of three years in prison.
As a single mother of two young children, she obtained a concealed-carry permit to protect her family after she had been robbed twice in the past year, according to a National Rifle Association report. A social outing took her across the border to New Jersey, where she was stopped by a state trooper for an alleged lane violation.
Primer for Protesters and “Anti-Government Extremists”
Posted by Brian in Comms, Law, News, Threat Watch on 31/Aug/2014 12:14
From EFF:
Cell Phone Guide For US Protesters, Updated 2014 Edition
With major protests in the news again, we decided it’s time to update our cell phone guide for protestors. A lot has changed since we last published this report in 2011, for better and for worse. On the one hand, we’ve learned more about the massive volume of law enforcement requests for cell phone—ranging from location information to actual content—and widespread use of dedicated cell phone surveillance technologies. On the other hand, strong Supreme Court opinions have eliminated any ambiguity about the unconstitutionality of warrantless searches of phones incident to arrest, and a growing national consensus says location data, too, is private.
Protesters want to be able to communicate, to document the protests, and to share photos and video with the world. So they’ll be carrying phones, and they’ll face a complex set of considerations about the privacy of the data those phones hold. We hope this guide can help answer some questions about how to best protect that data, and what rights protesters have in the face of police demands. Read the rest of this entry »
MN Democrat Proposes Eliminating ATF
From The Gun Mag:
The Milwaukee Journal-Sentinel first reported the congressman’s proposal which came months after that newspaper did a scathing expose of an ATF storefront sting operation in three states, including Wisconsin that used at least one developmentally disabled person.
Sensenbrenner’s office said the bill is still being crafted. He also suggested that ATF functions could be absorbed by other agencies such as the FBI and US Marshals or DEA.
Court Finds 10-Day Waiting Period Unconstitutional
From CalGuns Foundation:
BREAKING: CGF wins fed #2A 10-day waiting period lawsuit! Support at http://t.co/svn6YFIOCQ. Statement to follow. pic.twitter.com/FKYscNS1Uy
— Calguns Foundation (@CalgunsFdn) August 25, 2014
Impossible Law Leads To No New Guns In California
California law requires a technology in guns that does not exist.
From San Diego Rostra:
Last year Democratic Attorney General Kamala Harris decided that a law signed by Republican Governor Arnold Schwarzenegger in 2007 would now be put into effect. The law requires every pistol sold by a dealer in California have a serial number on the tiny tip of the firing pin so that it imprints an identifying mark on the ejected casing of a firedcartridge. Without this, a pistol cannot get onto the “not unsafe†list. It was agreed upon at the time of passage that the law would not go into effect until the imprint technology was developed.
Anti-gun laws passed in Sacramento have already ended sales by manufacturers like Barrett Firearms and STI International. Smith & Wesson and Ruger have joined fellow manufacturer Glock and organizationsSecond Amendment Foundation and National Shooting Sports Foundation in a lawsuit against California regarding their “not unsafe†gun list scheme. The attorney heading the case is Alan Gura, who in 2008 helped win Heller vs. D.C. in front of the Supreme Court, which ruled that the Second Amendment is an individual right.
Bill Introduced To Reduce Armed Federal Agents
From The Examiner:
When there are genuinely dangerous situations involving federal law, that’s the job of the Department of Justice, not regulatory agencies like the FDA or the Department of Education. Not only is it overkill, but having these highly-armed units within dozens of agencies is duplicative, costly, heavy handed, dangerous and destroys any sense of trust between citizens and the federal government.â€