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Posts Tagged gun rights
Missouri’s Gun Sanctuary Law Struck By Federal Court
From The Federalist:
Both the District Court and the Eighth Circuit saw things differently, and by enjoining Missouri’s law, have forced the state to use resources and its employees to enforce federal gun laws. That could include materially supporting the compilation of gun owner records for the ATF’s gun registry, the enforcement of President Joe Biden’s “zero tolerance” policy against Missouri gun dealers, or helping a hypothetical Kamala Harris administration in confiscating AR-15s under a future “assault weapons” ban.
The precedent is clear, the federal government has no authority whatsoever to compel a state to enforce a federal law. So, what’s the difference here? Sadly, all too many federal judges stubbornly believe the Second Amendment is a second-class right. In the case of the recent ruling against SAPA, the Eighth Circuit simply invoked the Constitution’s supremacy clause, and gave the back of its judicial hand to Missouri and every other state that might question the constitutionality of a federal law — at least a federal gun law.
Fifth Circuit Says It’s Unconstitutional To Ban Pot Users From Gun Possession
From Ammoland:
The government tried to use laws from the founding era that disarmed people who felt they were dangerous. One example that was given is the banning of British Loyalists from having firearms. The judges rejected that argument, stating that the ban on marijuana users owning firearms would be more akin to the founders banning people who drank alcohol from owning guns. The judges pointed out that the founders drank copious amounts of alcohol. The judge stated the government may be able to prevent someone who is intoxicated from carrying a firearm. Still, Ms. Connelly was not under the influence of drugs at the time of the arrest and was not a dangerous person.
TX AG Paxton Sues Dallas Over State Fair Gun Ban
From Bearing Arms:
With the fair set to kick off in less than a month, Paxton followed through on his threat on Thursday by suing the city and the state fair in district court. Paxton is asking the court to block the ban through both temporary and permanent injunctions, arguing that while While some portions of Fair Park are “gun-free zones” as established by state statute, the “vast majority of the 277-acre Fair Park in Dallas is not a place where weapons or firearms are prohibited.”
If the fair moves forward with its carry ban, Paxton says lawful gun owners are either subject to arrest, or are going to be forced to comply with an unlawful rule in order to enter the fair.
Court Rules Against Missouri’s Second Amendment Protection Act
From The Truth About Guns:
At the time, Gov. Parson said the unique law “draws a line in the sand and demonstrates our commitment to reject any attempt by the federal government to circumvent the fundamental right Missourians have to keep and bear arms to protect themselves and their property.”
On Monday, however, a three-judge panel of the 8th Circuit Court of Appeals upheld last year’s district court ruling and found that the Missouri law violated the U.S. Constitution’s supremacy clause, which states that federal law takes precedence over state laws.
Federal Judges Says Machine Guns Part Of Second Amendment
From Guns.com:
A U.S. District Court in Kansas agreed with a federal public defender over a set of machine gun charges, tossing them as unconstitutional with the right to keep and bear arms.
Judge John W. Broomes, a 2018 Trump appointee, agreed with a motion from the Federal Public Defender Office in Wichita to dismiss a two-count indictment against a local man for possession of a pair of unregistered Post-86 machine guns, arguing the charges went against the “history and tradition of the Second Amendment of the United States Constitution by imposing a blanket prohibition on machineguns,” and is thus unconstitutional as applied to the defendant.
Hunters Now Blamed For “Gun Violence”
From The Truth About Guns:
In what may be the most poorly conceived and horribly researched study ever published by The Journal of the American Medical Association during its entire 141-year history, a trio of anti-gun researchers now claims deer hunting is associated with a substantial increase in firearm violence.
Maine Gov Goes After FPC For Tweet
From Ammoland:
This response wasn’t the first time that FPC had used colorful language to push back against gun control, but it might be the first time that a Governor’s staff reported the organization to the police for a perceived threatening statement. Thanks to a Freedom of Information Act (FOIA) request by the Maine Wire, we now know the staff contacted Maine State Police’s Executive Protection Unit to investigate the tweet. The Executive Protection Unit is responsible for protecting the Governor, similar to how the United States Secret Service (USSS) is supposed to protect the President and former Presidents of the United States.
Texas AG Threatens Suit Over State Fair Gun Ban
From The Truth About Guns:
According to the AG’s office, in 2002 the City of Dallas entered into a 25-year lease with the State Fair of Texas authorizing the nonprofit organization to take control of the governmental function of Fair Park during the 24 days of the annual event. Consequently, the new carry rule directly violates state law, which permits licensed gun owners to lawfully carry in places owned or leased by governmental entities unless otherwise prohibited by state law.
“Texas law clearly states that license to carry holders may not be prevented from carrying a firearm on property owned or leased by the government unless otherwise prevented by state statute,” Paxton said in a news release from his office. “The State Fair of Texas’s recent policy that infringes on LTC holders’ Second Amendment rights is unlawful. Dallas has 15 days to fix the issue, otherwise I will see them in court.”
Beware Of An Anti-Gunner Wolf In Sheep’s Clothing
From The Federalist:
As to Walz advocating for states to stop recognizing concealed handgun permits from other states (reciprocity), with more than 22 million concealed handgun permit holders nationwide, there are decades of data on the behavior of permit holders. Some states have particularly detailed data. In Florida and Texas, permit holders are convicted of firearms-related violations at one-twelfth the rate at which police officers are. And police are convicted at just one-twentieth of the rate for the general population. There is no evidence that any permit holder from another state has committed a gun crime in Minnesota.
Polymer80 Lawfared Into Bankruptcy
From Husky Armory:
The Nevada-based company, known for its “ghost gun” kits that allowed law-abiding citizens to build their own firearms, cited overwhelming legal costs as the primary reason for its closure. For many Second Amendment advocates, this marks a troubling development in the ongoing battle for gun rights in America.
NYCPD Now Issuing CHL For Out Of State Permits
From Ammoland:
The New York City Police Department (NYPD) will start processing concealed carry permits for out-of-state residents to avoid a possible lawsuit. NYPD Commissioner Edward Caban signed the new rule on August 1, and NYC Mayor Eric Adams signed the order on August 6. It was released to the public on August 9. The new rule goes into effect immediately.
Gun Ownership Is Not An Excuse For Fourth Amendment Violations
From Bearing Arms:
Today, however, a three-judge panel on the court got it absolutely right when it ruled that a Connecticut police officer isn’t entitled to qualified immunity after handcuffing, detaining, and conducting a warrantless search on a resident after he produced a valid handgun permit.
Eighth Circuit Joins Fifth Circuit, Rejects ATF Brace Rule
From Bearing Arms:
On Friday, a three-judge panel on the Eighth Circuit overturned a lower court’s refusal to issue an injunction against the rule, sending the case back down to district court for a do-over. In its ruling, the panel concluded that the plaintiffs are likely to succeed on the merits of their arguments that the ATF rule is arbitrary and capricious.