Posts Tagged First Amendment

Second Amendment Deserves Same Protections As First

From Reason:

Should gun manufacturers be liable for misuse of guns? Should printing press manufacturers be liable for misuse of presses? The answer to both questions is “no,” according to an amicus brief I filed today in support of a Supreme Court cert. petition.

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NJ Now Going After Banks That Do Business With Gun Industry

From The New York Times:

New Jersey intends to stop doing business with gun manufacturers and retailers that fail to adopt policies, like conducting background checks, to stop guns from falling into the wrong hands, becoming the first state to take such stringent action against the firearms industry.
The state will also apply pressure on major financial institutions, seeking information from banks that do business with New Jersey about their relationships and policies involving gun makers and sellers.

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NRA Sues San Francisco Over First Amendment

From Townhall.com:

The gun rights group argues in the lawsuit, which was filed in U.S. District Court for the Northern District of California, that the city and county of San Francisco as well as the San Francisco Board of Supervisors infringed on the NRA’s free speech rights and is trying to blacklist those associated with the group.

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NY’s Due Process Problem With Red Flags

From Reason:

The new law allows a long list of people to seek an “extreme risk protection order” that bars the respondent from possessing firearms. Potential petitioners include police officers, prosecutors, blood relatives, in-laws, current and former spouses, current and former housemates, current and former girlfriends or boyfriends, people who have produced a child with the respondent, and school administrators or their designees, such as teachers, coaches, and guidance counselors. The “school personnel” covered by the law can even report a former student if he graduated within the previous six months.

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Harris Says Confiscate Guns Of Bigots

From Reason:

Sen. Kamala Harris (D–Calif.), who is seeking the 2020 Democratic presidential nomination, says that if elected she will push legislation that would authorize federal courts to issue gun confiscation orders against people who express opinions that may indicate an intent to commit a hate crime. These “domestic terrorism prevention orders” would “temporarily restrict a person’s access to guns if they exhibit clear evidence of dangerousness,” including “violent racist threats or anti-immigrant manifestos.”

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Trump Umwittingly Makes Case Against “Red Flag” Laws

From The Truth About Guns:

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Florida College Suspends Student For Range Picture

From Bearing Arms:

The picture wasn’t actually threatening. It wasn’t the kind of pic I personally approve of, really. Muzzle discipline is a thing, after all, but she at least kept the booger-hook off the trigger, which puts her leaps and bounds over some. There was no menace to the picture unless you were actively trying to find it.
So, they suspended her.

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TX Speaker Blocks Citizens From Facebook Page

From The Truth About Guns:

Now, Lone Star Gun Rights has filed suit against Bonnen for blocking their access to his Facebook page (where they’ve tried to counter his dubious claims about the constitutional carry bill). Does that sound crazy? Tell that to a New York thee-judge Appeals Court panel that ruled President Trump couldn’t block readers from his social media accounts.

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Defense Distributed CEO Discusses Future

From Reason:

For Paloma Heindorff, who took over as head of the company last year after stints as director of development and vice president of operations, these innovations are an important part of keeping the powerful in check. “We’ve got to be developing technologies in the independent sector to be able to counterbalance the enormous control that the government has and the enormous access to information that corporations have,” she says.

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Lawyers Volunteer To Report Gun Owning Clients

From The Federalist:

“A man has been fired from his job. He is upset. He hires you as his attorney. You are of the opinion he has an excellent case and file a complaint on his behalf. You later discover he possesses a permit to carry a firearm. He also has a so-called enhanced carry license. While his case is wending through the courts, your client goes to a public area outside his former workplace. He displays signs that say he has been wrongfully fired. The man has no history of criminal activity, violence, or threatening anyone.”

While I was forming an answer, many lawyers immediately said they would terminate the attorney-client relationship and contact law enforcement to report their client was potentially dangerous. The only reason offered was his firearm permits.

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Lawsuit Fails Against Armslist

From Guns.com:

In a 5-1 ruling, the court held the federal Communications Decency Act shields the Oklahoma-based website in the case. This had the effect of clearing Armslist of liability in the Brady suit, which aimed to find blame with the company following a 2012 shooting with a firearm purchased from a listing on the site.
A judge in a previous 2016 ruling by a lower court also cited CDA, saying that since Armslist did not create the ad or directly become involved in the transaction, they cannot be held at fault over such third-party content.

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“Red Flag” Laws Rigged Against Gun Owners

From Reason:

Depending on what counts as a “significant risk,” the probability that the subject of a temporary order actually would have used a gun to hurt himself or someone else may be quite low. If 10 percent is significant, for example, that probability might be around 5 percent (51 percent times 10 percent). So even if judges are weighing the evidence with such precision, they will be taking away the Second Amendment rights of people who almost certainly would not have committed suicide or murder.

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YouTube Demonetizes Self Defense Advocate

From Gun Dynamics:

Conservative YouTuber and second amendment activist Antonia Okafor reports that her entire channel was stripped of advertising revenue by the Google-owned video platform after she uploaded an interview about self-defense with a fellow conservative.

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Public Venue To Ban Gun Shows

From Guns.com:

Located just outside of San Fransisco, the historic venue is owned by the state Department of Food and Agriculture, and its board said this week they will discontinue all gun shows beginning Jan. 1, 2020. Cow Palace has been the subject of a number of failed bills in the state legislature over the years — brought by Bay Area lawmakers and backed by groups such as the Brady Campaign — to halt the otherwise popular shows.

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ACLU Not Living Up To Its Name

From Reason:

When the American Civil Liberties Union of New Jersey announced its lawsuit on behalf of two public high school students who were suspended because they posted pictures of themselves at a gun range on Snapchat, the first reply on Twitter congratulated the organization for “defending all of the civil liberties.” But while the ACLU is commendably willing to defend the First Amendment rights of gun owners and Second Amendment advocates, the national organization still takes the position that, contrary to what the Supreme Court has said, the Constitution does not guarantee an individual right to armed self-defense.

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