Archive for category Law

H.R. 822: Protecting Gun Owners rights or handing more control to the Federal Government?

The NRA has come out strongly in favor of H.R. 822, while the National Association for Gun Rights has taken the exact opposite view, warning that H.R. 822 is a dangerous threat to the rights of gun owners.

The National Association for Gun Rights calls the bill a “Trojan Horse”, warning that although the bill looks OK on the surface, it’s writers are naively allowing the Federal Government more control in an area that needs to remain solidly under the authority of the States.

The position of the National Association for Gun Rights is that the Constitution grants Americans the right to bear arms, we don’t need or want the Federal Government to have any more control, adding layers of bureaucracy, making it more difficult for Americans to own and carry firearms.

Dudley Brown, of the NAGR, says, “While the idea that all states should recognize a concealed weapons permit is sound public policy, the use of the anti-gun federal bureaucracy to implement it is simply foolish.”

The NAGR warns that the current bill makes it too easy for a rider or amendment to be slipped in, turning H.R. 822 from a positive-sounding measure to something that hands more power to the Federal Government – that gun owners face the serious risk politicians will pull a fast one and gun owners will lose ground that we will not be able to take back.

Dudley Brown said,

“So-called “pro-gun” Republicans even KILLED an amendment that would have allowed permit holders to defend themselves in the District of Columbia, one of the most dangerous cities in the country.

Over the past two days, amendments have been offered to require REAL ID-type government requirements on state CCW permits as well as giving Eric Holder the power to classify even more gun owners as “terrorists.”

And while these amendments may have failed in the House, Harry Reid’s Senate is sure to put the screws to gun owners.

The Senate DOES have the votes to impose a HOST of anti-gun amendments to H.R. 822 much like they have done with legislation in the past.”

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Brown also warns:

“This bill isn’t just about the right to carry for self defense — it’s a battle over the role of government and the ability to restrict our Second Amendment rights.

Many statists in Washington will co-opt H.R. 822 as part of their grab for more federal power and less individual liberty.”

That is the real danger here.

These are few of the potential threats the NAGR says could result from H.R. 822 being passed:

  • More onerous standards to acquire a permit, so that only FBI agents can pass muster (look at New York’s permit system);
  • Higher fees;
  • More training requirements;
  • A demonstration of “Need” for a permit;
  • More frequent renewal periods;
  • Federally-mandated waiting periods;
  • A national database of all permit holders, accessible by Attorney General Eric Holder;
  • An extensive, federally-created list of Criminal Safezones, where only criminals will carry and where law-abiding gun owners are vulnerable

We’d like to think that the NRA stands solidly with gun owners, that they are using their political and financial clout to protect the rights of gun owners, but there is a precedent for bills starting out to be supportive of gun rights but winding up actually legislating stricter gun control.

A classic example of this was the the bill H.R. 4332, which eventually became the Firearms Owners’ Protection Act.

“The gun rights movement lobbied Congress to pass the FOPA to prevent the abuse of regulatory power — in particular, to address claims that the ATF was repeatedly inspecting FFL holders for the apparent purpose of harassment intended to drive the FFL holders out of business (as the FFL holders would constantly be having to tend to ATF inspections instead of to customers).”

The Firearm Owners Protection Act of 1986 addressed the abuses noted in the 1982 Senate Judiciary Subcommittee report. Gun rights advocates pushed for it and this is what they got:

  • It reopened interstate sales of long guns on a limited basis, allowed ammunition shipments through the U.S. Postal Service (a partial repeal of the Gun Control Act),
  • ended record keeping on ammunition sales, except for armor piercing,
  • permitted travel between states supportive of Second Amendment rights even through those areas less supportive of these rights, and
  • addressed several other issues that had effectively restricted Second Amendment rights.

“However, the act also contained a provision that banned the sale of machine guns manufactured after the date of enactment to civilians, restricting sales of these weapons to the military and law enforcement.

Thus, in the ensuing years, the limited supply of these arms available to civilians has caused an enormous increase in their price, with most costing in excess of $10,000.”

So, although H.R. 4332 was intended to improve the status of gun owners, the Hughes Amendment ended up banning machine guns – which has not been reversed. In an Orwellian turn of events, the “Firearms Owners’ Protection Act” ended up preventing Americans from owning an entire class of firearms.

Rights are easy to lose and very difficult to re-gain.

 

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Man ordered to surrender guns – because of what he wrote on blog

‘My life’s in danger now. I can’t defend myself, I can’t defend you’

By Joe Kovacs

“An Arizona man has filed a federal lawsuit against some of the state’s top judges, claiming they’re taking away his freedom of speech and right to own firearms, all because someone didn’t like what he wrote on his blog.

“You can’t suspend someone’s constitutional rights [for blogging],” said Mike Palmer, who is bringing forth the legal action. “Everybody in America blogs or Twitters, so it’s a First and Second Amendment issue.”

The scenario started when Palmer, a 55-year-old Christian missionary from Phoenix, was online discussing “spiritual death” often referred to in the Bible.

But, according to the suit, a woman from Prescott, Ariz., Melody Thomas-Morgan, complained to authorities that Palmer was threatening her with “death,” keeping that word in quotes in her legal filings.

Kenton Jones, superior court judge for Yavapai County, went along with the woman’s harassment complaint and ordered Palmer to surrender his guns.

“The order says that I am not allowed to possess firearms or ammunition, and directs me to turn over any weapons to the Yavapai County Sheriff’s Office,” Palmer told WND.

“I certainly want my gun rights,” he added. “There is no law in Arizona which allows the courts to suspend any constitutional right, but in this instance, my Second Amendment right. And, of course, my life’s in danger now. I can’t defend myself, I can’t defend you. I can’t defend my fellow man.”

http://www.wnd.com/?pageId=349713

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Appeals Court OKs Challenge to Warrantless Electronic Spying

From: Threat Level

A legal challenge questioning the constitutionality of a federal law authorizing warrantless electronic surveillance of Americans inched a step closer Wednesday toward resolution.

The 2nd U.S. Circuit Court of Appeals for the second time rejected the Obama administration’s contention that it should toss a lawsuit challenging the 2008 Foreign Intelligence Surveillance Amendments Act. Among other things, the government said the plaintiffs — Global Fund for Women, Global Rights, Human Rights Watch, International Criminal Defence Attorneys Association, The Nation magazine, PEN American Center, Service Employees International Union and others — don’t have standing to bring a constitutional challenge because they cannot demonstrate that they were subject to the eavesdropping or suffered hardships because of it.

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Canada – Right to self-defence under assault

From: edmontonjournal.com

Over the past half century, the right of citizens in Western countries to defend themselves has eroded.

This is partly due to neglect. As our societies have urbanized, we have shown greater willingness to let professional police officers defend our loved ones, our property and ourselves. After all, more of us now live closer to police stations than our parents, or certainly our grandparents.

But the erosion of our right to selfdefence has also been a deliberate initiative by governments. Increasingly, politicians, policy-makers, academics and police have come to think that citizens who take up weapons – firearms or otherwise – to defend themselves are as dangerous to social peace as criminals.

Surveillance footage showing a masked intruder next to Ontario resident Ian Thomson's burning porch on August 22. Mr. Thomson's home with at least six firebombs. He was arrested for shooting at the intruders, none of whom were hit Photograph by: Handout, Handout

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9/11 Completely Changed Surveillance in U.S.

From: Wired

Former AT&T engineer Mark Klein handed a sheaf of papers in January 2006 to lawyers at the Electronic Frontier Foundation, providing smoking-gun evidence that the National Security Agency, with the cooperation of AT&T, was illegally sucking up American citizens’ internet usage and funneling it into a database.

The documents became the heart of civil liberties lawsuits against the government and AT&T. But Congress, including then-Sen. Barack Obama (D-Illinois), voted in July 2008 to override the rights of American citizens to petition for a redress of grievances.

Congress passed a law that absolved AT&T of any legal liability for cooperating with the warrantless spying. The bill, signed quickly into law by President George W. Bush, also largely legalized the government’s secret domestic-wiretapping program.

Obama pledged to revisit and roll back those increased powers if he became president. But, he did not.

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Feds Ask Supreme Court to Validate Stolen Valor Act

“The Justice Department is asking the Supreme Court to uphold a 2006 law making it a criminal offense to lie about being decorated for military service.

The Stolen Valor Act makes it unlawful to falsely represent, verbally or in writing “to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item.”

From: Wired

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FBI’s new program, “Communities Against Terrorism” — would you be considered “suspicious”?

Recently, the FBI started sending copies of a letter to military surplus stores in Colorado under the premise of a new program called “Communities Against Terrorism.”

Their intent is to have Americans report on fellow law-abiding citizens if they suspect them of any terrorist activities.

But here’s the catch: Guess who they want to be viewed as “suspicious”?
People who “insist on paying in cash”;
People who buy “Meals Ready to Eat”;
People who buy “weatherproofed ammunition containers”;
People who buy “high capacity magazines”;
And even people who buy “night flashlights.”

The Feds are going after a group of Americans known as “preppers.”

Those who want to be prepared for emergencies and possible disasters.

People who don’t want to rely on the government for every possible need – the same type of people who I respect – and feel that they are their own “first responder.”

And now, that kind of attitude is worthy of getting you put on a terrorist watch list.

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UK: Breakdown of law and order?

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New UAV Could Be Patrolling Your Neighborhood Soon

From Danger Room:

Vanguard has already been awarded a multi-million dollar deal to use the robo-copters for anti-piracy missions in Africa, but its hopes for the little tasering robot soar much higher. It envisions the Shadowhawk helping out in everything from tactical night ops to arms trafficking surveillance, from oil rig inspections to perimeter security. Chief Deputy Randy McDaniel of Montgomery County Texas says he can’t wait to use it for SWAT callouts and narcotics raids.

Anyone who has seen the TV show Dark Angel should be concerned.

Vanguard Defense

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Prosecutors Demand Laptop Password in Violation of Fifth Amendment

From: EFF

Prosecutors Demand Laptop Password in Violation of Fifth Amendment

EFF has urged a federal court to block the government’s attempt to force a woman to enter a password into an encrypted laptop. During the investigation, the government seized the device from the home she shares with her family, and then asked the court to compel the woman to type the password into the computer or turn over a decrypted version of her data. But EFF told the court that the demand is unconstitutional, violating her Fifth Amendment privilege against self-incrimination.

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SWAT Team Raids Stockton Man’s Home For Not Paying His Student Loan

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Should Police Wear Camouflage?

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New regulation requires firearms dealers along border to report multiple sales

By CHARLIE SAVAGE

WASHINGTON — “The Obama administration on Monday approved a new regulation requiring firearms dealers along the Southwest border to report multiple sales of certain semiautomatic rifles, a rule intended to make it harder for Mexican drug cartels to obtain and smuggle weapons from the United States.

Under the rule, dealers in Arizona, California, New Mexico and Texas will be required to inform the Bureau of Alcohol, Tobacco, Firearms and Explosives if someone buys — within a five-day period — more than one semiautomatic rifle that accepts a detachable magazine and uses ammunition greater than .22 caliber. Such weapons include AK-47s.

…Mr. LaPierre contended that it should take an act of Congress to impose such a requirement, not a regulation developed by the executive branch alone. He noted that the similar rule requiring dealers to report multiple handgun sales was part of the Gun Control Act of 1968.

“We view it as a blatant attempt by the Obama administration to pursue their gun-control agenda through backdoor rule making, and the N.R.A. will fight them every step of the way,” he said. “There are three branches of government and separation of powers, and we believe they do not have the authority to do this.”

http://www.nytimes.com/2011/07/12/us/politics/12guns.html

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Rep. Darrell Issa and ATF Agent Warn of ATF Cover-Up

Monday, 11 Jul 2011 04:16 PM

By Martin Gould

“Eric Holder’s position as attorney general is getting more tenuous as pressure grows on him to resign over the gunrunning scandal that saw weapons fall into the hands of Mexican drug lords.

The actions of his Department of Justice are the subject of an Congressional obstruction of justice investigation into the scheme, said Rep. Darrell Issa, the Republican chairman of the House Oversight and Government Reform Committee.

And he said that much of the documentation provided by the DoJ has been useless. “If it wasn’t already available on the internet, it generally is an all-black page of redaction to where it is of no value.”

Issa said that, if Holder did not know about the schemes, Operation Fast and Furious and Project Gunrunner, which saw thousands of automatic weapons end up in the hands of violent Mexican drug lords, he should have.

“It is almost impossible to believe that everyone, including CBS News and many newspapers and Fox, had reported on Fast and Furious, yet Eric Holder still didn’t know anything about it.”

http://www.newsmax.com/InsideCover/issa-dobyns-atf-holder/2011/07/11/id/403209?s=al&promo_code=C97C-1

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Wisconsin Governor Scott Walker Signs Concealed-carry Bill into Law

ROTHSCHILD, Wis. (AP) — “Wisconsin has become the 49th state to legalize the carrying of concealed weapons.

Gov. Scott Walker signed a bill Friday removing the state’s ban. Except for a few minor aspects, the bulk of the law goes into effect in November.

Under Wisconsin’s law, people who obtain a permit and go through training will be allowed to carry concealed weapons in most public buildings, including the state Capitol and city halls, unless a sign is posted saying they are not permitted.”

http://www.newsmax.com/US/ConcealedCarry-Wisconsin/2011/07/09/id/403027?s=al&promo_code=C95C-1

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