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Archive for category Law
States Introduce Bills Requiring No Permit For CCW
From USA Today:
States that have been or are considering bills in current legislative sessions include Colorado, Iowa, Georgia, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota and Virgina, according to the NRA.
South Dakota could be the fifth state to join the ranks of permit-less carry states. Lawmakers last week passed a measure allowing anyone 18 and older with a valid state driver’s license to carry a concealed weapon, as long as they don’t have a background that would otherwise prohibit them from getting a permit. The bill awaits action from Republican Gov. Dennis Daugaard.
Maryland Gun Law: Unconstitutional
Another gun law bites the dust, this time in Maryland. The same lawyer who won the Heller case and the case in Chicago is behind the challenge to the Maryland law.
“A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,†Legg wrote. “The right’s existence is all the reason he needs.â€
That’s why we call them “rights”.
Build Your Own Firearm
The Truth About Guns has an interesting article on a little known law that allows individuals to build their own guns without serial numbers if the gun is 80% or less complete. There are some stipulations:
The machine work must be done by the end-user—no contracting it out or having a friend do it. The finished firearm can not be transferred in ANY manner. No willing it to your kids. No giving it to a friend. If you no longer want it, after your inheritors pry it from your cold, dead hands, it MUST be destroyed.
These rules seem arbitrary and silly.
Forced Hard Drive Decryption Is Unconstitutional, Appeals Court Rules
From: Threat Level
Forcing a criminal suspect to decrypt hard drives so their contents can be used by prosecutors is a breach of the Fifth Amendment right against compelled self-incrimination, a federal appeals court ruled Thursday.
It was the nation’s first appellate court to issue such a finding. And the outcome comes a day after a different federal appeals court refused to entertain an appeal from another defendant ordered by a lower federal court to decrypt a hard drive by month’s end.
Thursday’s decision by the 11th U.S. Circuit Court of Appeals said that an encrypted hard drive is akin to a combination to a safe, and is off limits, because compelling the unlocking of either of them is the equivalent of forcing testimony.
Cato Report on Defensive Use of Firearms
The Cato Institute just released a study on the defensive use of firearms entitled Tough Targets.
What would be the effect of depriving ordinary, law-abiding citizens from keeping arms for self-defense? One result seems certain: the law-abiding would be at a distinct disadvantage should criminals acquire guns from underground markets. After all, it is simply not possible for police officers to get to every scene where they are urgently needed.
Justice Breyer – Ideology vs Machete
Posted by Gary in Law, News, Opinion, Threat Watch on 17/Feb/2012 11:16
Justice Stephen Breyer
In a bit of timely and ironic justice, Justice Stephen Breyer, who wrote in his dissenting opinion in McDonald vs Chicago, “… the Framers did not write the Second Amendment in order to protect a private right of armed self defense”, was robbed by a machete-wielding miscreant a few days ago on the island of Nevis. Despite the island paradise’s complete ban on handguns (much like the Justice would have preferred to be the case in Chicago) there still seems to be the odd armed robber, threatening peoples lives and inconveniencing vacationers. Normally the Justice doesn’t need to bring along his own firearms for protection like the rest of us, that is the job of the U.S. Marshals Service. I wonder where they were during the attack? You see this is the problem, there is never a taxpayer-funded, well trained, armed bodyguard around when you need one, even if you are a Justice of the Supreme Court of the United States of America.
More from CNN
Washington Times Editor Finally Gets Handgun Permit
Senior editor Emily Miller has been on a quest, determined to navigate the insane bureaucracy of Washington, D.C. to get a handgun for self defense. Even after the Heller case it is still a nightmare. Â You can read the final installment of her series here.
Excerpt:
When I first started the “Emily Gets Her Gun†series, I thought  I would be waiting in long lines and filling out lots of paperwork. I never could have imagined that the D.C. gun laws made it so unearthly difficult to get a legal handgun. However, I also never could have believed that this newspaper series would encourage change in Washington’s gun laws.
Now, this series is far from over. As I’ve found, the hurdles placed before gun owners do not end here. I need to figure out the laws on getting ammunition and transporting the gun to a state that allows practice shooting.
Chicago Mayor Writes $399k Check to Second Amendment Foundation – Ouch!
CHICAGO WRITES BIG CHECK TO SAF . . .
The Second Amendment Foundation received a check for $399,950 recently for recovery of legal fees expended in McDonald v. City of Chicago, the landmark Supreme Court case that struck down the city’s ban on handgun ownership. The check, signed by Chicago Mayor Rahm Emanuel, is the largest the foundation has ever received, said SAF founder and Executive Vice President Alan Gottlieb. According to an Examiner.com news report, the funds will be directed into Moore v. Madigan, litigation that is challenging the constitutionality of Illinois state laws that prohibit the carrying of loaded firearms for personal protection.
Canada Rolls Back Gun Registry
From National Post:
Bill C-19, the Ending the Long Gun Registry Act, is guaranteed to pass through the House of Commons, thanks to the Conservative government’s majority, but more political wrangling is expected to follow.
The federal law will end the requirement for lawful gun owners to register their long guns, and it relaxes rules around selling or transferring guns. Gun licences for individuals will still be required, and the registry for restricted and prohibited firearms such as handguns will be maintained.
Georgia To Allow Silencers For Hunting
From the AP:
Senate Bill 301 was approved by a vote of 48-5. Sen. John Bulloch, the bill’s sponsor, says allowing hunters to use silencers would keep them from disturbing their neighbors, and removing the ban would not create an unfair advantage for hunters. Hunters would still need a federal permit to possess a silencer.
Virginia To Allow Multiple Gun Purchases Per Month
From NRA-ILA:
Today, the Virginia Senate passed Senate Bill 323 by a 21 to 19 vote. SB 323 would repeal the archaic prohibition of purchasing more than one handgun per month.
Open Carry in Utah
From Guns.com:
The bill is entitled H.B. 49, “Firearms Revisions,†and states “… in the absence of additional threatening behavior, the otherwise lawful possession of a firearm visible or concealed†would not constitute a violation of Utah’s various criminal provisions and statutes.
In short, if the bill is passed law enforcement can’t arbitrarily charge one with a crime for lawfully carrying a firearm – as in the case with Taylor.
Accepting Your Limitations
Posted by Jack Sinclair in Law, News, Opinion on 28/Dec/2011 00:42
by Bruce N. Eimer, Ph.D
“If you carry a gun, you need to recognize that the reason you do so is for personal protection, not to transform yourself into a would-be super hero. Carrying a gun does not give you a license to get involved in situations that are none of your business. It does not give you the authority of a police officer. Your job is to stay safe and keep your loved ones safe.
It makes good sense as a general principle to avoid becoming inextricably involved in confrontations where you are not directly affected in the first place. You take a risk when you involve yourself in other people’s arguments. This is not to say that there will never be a situation that is worth the risk, but that is a personal decision.”
https://www.usconcealedcarry.com/ccm-columns/armed-senior-citizen/accepting-your-limitations/
Protesting New Hampshire Campus Gun Ban
From Human Events:
Jardis said the idea for the protest came about when he learned that campuses of the state’s university system never updated their gun bans to reflect the concealed carry laws passed in New Hampshire in 2003 and in 2007, he said.