Posts Tagged gun rights

Smith and Wesson Second Company to Stop Selling Guns in California

From The Washington Times:

Smith & Wesson announced it will stop selling its handguns in California rather than manufacture them to comply with the new microstamping law. The other publicly traded firearms manufacturer in the U.S., Sturm, Ruger, also said this month that it will stop new sales to California.

The announcement late Wednesday came a week after the National Shooting Sports Foundation (NSSF), the trade association for firearms manufacturers, filed suit against California for requiring that all new semi-automatic pistols that are not already on the state’s approved gun roster have the microstamping technology.

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Supreme Court Debates Taking San Francisco Gun Control Case

From Reason.com:

Will the Supreme Court allow the 9th Circuit to openly flout one of its precedents? We may soon find out. Today the justices are meeting in private conference. Among the items scheduled for consideration is a petition filed by conservative lawyer Paul Clement seeking review of the 9th Circuit’s Jackson opinion. “The decision below is impossible to reconcile with this Court’s decision inHeller,” that petition observes. “The Court of Appeals’ conclusion that San Francisco may venture where this Court forbade the District of Columbia to go is so patently wrong that summary reversal would be appropriate.”

 

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Oregonians Rally Against Gun Control, Won’t Comply

A group from Oregon has set up a Facebook page for the rally. It is set for May 30 at the capital Salem.

This is a result of Oregon passing SB 941.

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Citizen With Gun Saves Officer

From News 9 Oklahoma City:

During the chase the two officers became separated. Eller found himself alone when he caught up to Jermaine in a driveway of a nearby home and as he tried to place him under arrest, a fight ensued. During the struggle, Jermaine was able to take Eller’s police baton and then proceeded to strike him over the head somewhere between six and 12 times.

According to a report, that’s when a witness nearby charged up with his weapon drawn and told Jermaine he would shoot him if he did not stop hitting Eller. That heroic witness has not been identified.

 

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California Wastes Millions Trying To Confiscate Guns

From The Washington Post:

This is a slow, painstaking process, and it has fallen behind in recent years. After the Sandy Hook shooting in 2013, lawmakers gave the gun seizure program a $24 million infusion to fund more agents to knock on more doors. The goal was to investigate every one of the 20,000-some people who remained on the illegal gun owner list.

Part of the problem is that it is hard to keep up with the new people being added to the list all the time. Last year, agents conducted 7,573 investigations and seized 3,286 firearms. At the same time, 7,031 gun owners were newly flagged. The state has hired 18 additional agents to bolster its 33-person unit, and has been trying to staff up more.

California is wasting millions of taxpayer dollars and police officers’ time looking for “criminals” while real crime and police work is being avoided. Is it any wonder why people are leaving California in droves?

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Why Not “Mayors Against Cars”?

Beyond The Noise

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Defense Distributed Sues State Department

From The New York Times:

Now, with a high-powered legal team behind it, Mr. Wilson’s company,Defense Distributed, a self-described “anti-monopolist digital publisher,” has filed suit against the State Department claiming that its efforts to stop him from publishing his instructions, which are no more than computer code, amount to a prior restraint on free speech. The 25-page suit, filed on Wednesday in Federal District Court in Austin, Tex., is an innovative and apparently unprecedented effort to use the First Amendment in support of the Second.

From Wired:

Wilson’s gun manufacturing advocacy group Defense Distributed, along with the gun rights group the Second Amendment Foundation, on Wednesday filed a lawsuit against the State Department and several of its officials, including Secretary of State John Kerry. In their complaint, they claim that a State Department agency called the Directorate of Defense Trade Controls (DDTC) violated their first amendment right to free speech by telling Defense Distributed that it couldn’t publish a 3-D printable file for its one-shot plastic pistol known as the Liberator, along with a collection of other printable gun parts, on its website.

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“Assault Weapons” Can Be Banned If It Makes People Feel Better

From 7th Circuit Court of Appeals:

…the majority found that “[i]f a ban on semi‐automatic guns and large‐capacity magazines reduces the perceived risk from a mass shooting, and makes the public feel safer as a result, that’s a substantial benefit.”

The judges didn’t judge the case from a legal perspective but from how the public feels about it. They are no longer judges if they simply bow to the whim of the public.

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Gun Issue Creating “Two Americas”

From Reason.com:

Is America once again splitting into free and unfree states? At least on the issue of self-defense rights, that seems to be the case—so says Jennifer Carlson, a University of Toronto sociologist who includes gun issues among her areas of study. At the Wall Street Journal she writes that it no longer makes sense in the United States to talk about national gun policy, but instead to recognize widely divergent trends at the state level that are taking Americans in different political, cultural, and technological directions.

 

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Second Amendment Op-Ed By Sen. Cruz

From National Review:

Friday, the New York Times stated, in a blaring headline, that my support for Second Amendment rights is “strange.”

In particular, the writer took issue with my statement that “”the Second Amendment to the Constitution isn’t for just protecting hunting rights, and it’s not only to safeguard your right to target practice. It is a constitutional right to protect your children, your family, your home, our lives, and to serve as the ultimate check against governmental tyranny — for the protection of liberty.”

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Majority Of Blacks Favor Gun Ownership

From NPR:

According to a survey by the Pew Research Center, 54 percent of blacks now see gun ownership as a good thing, something more likely to protect than harm. That’s up from 29 percent just two years ago. In places like Detroit, more African-Americans are getting permits to carry concealed weapons.

 

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Tampa Bay Times Anti-gun Editorial

Tampa Bay Times:

It’s been a banner session in Tallahassee for gun zealots and the National Rifle Association and a terrible one for common sense and public safety. In the past weeks, the Senate passed a bill allowing gun owners to carry their weapons in public during a declared state of emergency. It also moved closer to allowing guns on college campuses. The House, meanwhile, killed a bill that would have barred backyard shooting ranges. With the state and the Tampa Bay area awash in gun violence, it was a stunning display of this Legislature’s blatant disregard for public safety.

Ammoland’s response:

In an attempt to prove this premise, they touch on the “contrived” arguments for campus carry, arguments that rest on the idea of armed women stopping “murderers and rapists.”

The problem with this line of thinking is that conservatives believe women are as capable of stopping murderers and rapists as men are, given one important tool…a gun. Conservatives do not agree with the Times, Salon, Shannon Watts, Moms Demand Action, Everytown for Gun Safety, and others who [are paid to] or pretend the idea of arming women is foolish.

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NJ Governor Pardons Pennsylvania Single Mother

From The Blaze:

New Jersey Gov. Chris Christie (R) on Thursday pardoned Shaneen Allen, a single mother arrested last year for bringing her legal handgun into New Jersey from her home state of Pennsylvania. She initially faced a felony charge and years in prison, but was later permitted to enter a pretrial intervention program.

 

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Dhimmitude And Disarmament

Forthcoming article from David Kopel:

Under shari’a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to defend themselves from attacks by Muslims. The disarmament is one aspect of the pervasive civil inferiority of non-Muslims, a status known as dhimmitude. This Essay examines the historical effects of the shari’a disarmament, based on three books by Bat Ye’or, the world’s leading scholar of dhimmitude. As Ye’or details, the disarmament had catastrophic consequences, extending far beyond the direct loss of the dhimmi’s ability to defend themselves. The essay concludes by observing how pretend gun-free zones on college campuses turn the adults there into 21st century dhimmi, unable to defend themselves against murderous predators.

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When Is a NICS Check Required?

From Prince Law Offices, P.C.:

It’s no secret that ATF told at least one FFL they need to run a NICS check on trustees picking up NFA firearms on behalf of a trust. In a letter addressed toDakota Silencer, ATF explained:

The term “person” is defined by the GCA at 18 U.S.C. § 921(a)(1), to include “any individual, corporation, company, association, firm, partnership, society, or joint stock company.”

ATF has interpreted the GCA exception in sections 922(t)(3)(B) and 478.102(d)(2) to mean that firearms transfers are exempt from a NICS check when they have been approved under the NFA to the person receiving the firearm. Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.

Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.

There is a lot of technical legal speak in this post but it is fascinating how the government has spun such a tangled web of laws that may actually cancel out or contradict one another.

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