Posts Tagged Law

Passing A Law Doesn’t Mean People Will Obey

From Reason:

Media outlets love reporting the results of polling on hot-button policy issues, but they rarely tell you if the people supporting proposed legislation (especially when it’s restrictive) are the same people who would be affected by it. That matters in several important ways, not least of which is that getting a law passed is not the same thing as getting people to obey. Nowhere does that matter more than in the heated debate over gun laws.

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Muslim Woman Sues Gun Range Over Safety Rules

From Bearing Arms:

Rania Barakat and her husband went to Frontier Justice on Jan. 1, 2020, to shoot at its gun range. According to the lawsuit, Barakat was told she would not be allowed to use the range unless she removed her hijab, a religious head covering worn by some Muslim women.

Frontier Justice officials said in a statement posted on Facebook that the dress code rules, which have been in place since the store opened in 2015, are designed to protect people from being burned by expended brass and are not discriminatory.

The gun range requires shooters to remove all head coverings except baseball caps facing forward. A store manager explained that shrapnel could cause the hijab and skin to burn.

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Judge Says ARs Are Not Firearms In Dissent

From US v. Burning Breast:

The relevant evidence in this case came from one ATF expert witness. His testimony was based on ATF records that traced one serialized part on Burning Breast’s gun: the lower receiver. [..] Given these facts, there are two ways the Government could get a conviction. First, it could have proven that the lower receiver found on Burning Breast’s gun is a “receiver,” and so a “firearm” as a matter of law. 18 U.S.C. § 921(a)(3)(B). Thatwas what the ATF agent repeatedly told the jury, and that was the Government’s theory at trial. [..] There is just one problem: an AR-15’s lower receiver does not meet the Government’s own definition of a “receiver.”

To be a “receiver,” ATF regulations require the part to “provide housing for the hammer, bolt or breechblock, and firing mechanism.” [..] That means an AR-15 lower receiver is not a “firearm,” and the Government’s theory at trial was a non-starter.

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Judge Nixes Hawaii Gun Laws

From Ammoland:

The lawsuit centers around Hawaii’s requirements on gun owners along with Honolulu Police Department’s registration and gun policies. Gun owners must apply for a firearm permit in person at the central police station on Oahu. This rule means that a gun must travel to the police station in Honolulu to apply for a gun permit no matter where they live on the island. The resident must then return to the station in person 14 days later to pick up the permit. Once the person acquires a firearm, they must then again return to the station with the gun to register it with the police department.

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Gun Rights Groups File Amicus Briefs In NY Carry Case

From Ammoland:

Two national gun rights organizations—the Second Amendment Foundation and its grassroots sibling, the Citizens Committee for the Right to Keep and Bear Arms—have filed separate amicus briefs to the U.S. Supreme Court in support of a challenge of New York State’s ultra-restrictive carry laws by the New York State Rifle & Pistol Association (NYSRPA)

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Attorney Discusses The Effect of Jan 6 On Gun Rights

From Ammoland:

Paloma’s new book is called, Events of January 6: What Impact the Second Amendment Movement? The Activist’s Workbook, and it releases on Independence Day. I had a chance to speak to Paloma about her new book and her views on the state of the Country.

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Time To Rectify Heller

From The Federalist:

Heller adopted the nonsense whole cloth. Ironically, the opinion was written by Justice Scalia, renowned as the court’s great originalist. Ironic, in that there is nothing in the legislative history of the Second Amendment to support a “common use” test.

As Judge Benitez wrote, “The command of the Amendment is that the right to keep and bear arms ‘shall not be infringed.’” Not some arms, but “Arms.” And not “infringed too much,” but “infringed” at all.

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Stop Using “Law Abiding Gun Owner”

From TheGunBlog.ca:

“To abide” is “to bear patiently,” “to endure without yielding,” or “to accept without objection,” according to the online Merriam-Webster dictionary.

Thesaurus.com suggests alternatives like “to submit, “to put up with,” “to receive,” “to take,” “to stomach,” “to swallow.”

Abiding is about compliance, obedience, and subservience. It’s submitting out of obligation instead of acting powerfully from choice.

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Analysis Of The California Gun Ruling

From The Federalist:

Under the Heller test, this record establishes the unconstitutionality of the ban on assault weapons, Benitez concluded. However, being bound by Ninth Circuit precedent, Benitez continued to consider the constitutionality of California’s law under that appellate court’s two-prong test. In his analysis, Benitez bypassed the strict scrutiny standard, noting in passing the law would fail that test as well, to apply the “intermediate scrutiny standard” created by the Ninth Circuit.

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SCOTUS Case More Than About Right To Carry

From Cam and Company:

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Review Of Stephen Halbrook’s New Book On The Right To Bear Arms

From Reason:

The U.S. Supreme Court has granted certiorari to hear a major case on the right to bear arms, New York State Rifle & Pistol Association Inc. v. Corlett. By happy coincidence, the best book on the legal history of the right has just been published: Stephen P. Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class? Post Hill Press, 371 pages, $17.99, paperback.

Halbrook’s book will be central to the Supreme Court case, just as Halbrook’s previous work was for the Supreme Court’s decisions in District of Columbia v. Heller and McDonald v. Chicago—not only in direct citations, but also in the many original sources that Halbrook was the first to write about, and which the Court incorporated in its opinions.

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Supreme Court Refuses Bump Stock Case

From Associated Press:

The high court on Monday turned away a challenge to the ban, which took effect in October 2018. A lower court had dismissed the challenge at an early stage and that decision had been upheld by an appeals court. As is typical, the court didn’t comment in declining to take the case.

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ATF Pistol Brace Rules Are Confusing

From Bearing Arms:

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Seattle Council Considering Poverty As An Excuse For Theft

From Policemag:

The idea, referred to as the poverty defense, was discussed Tuesday by the Seattle City Council’s Public Safety Committee after it was introduced by City Council member Lisa Herbold and Anita Khandelwal, the King County’s director of the Department of Public Defense.

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Are Gun Rights And Police Protestors On The Same Side?

From The Crime Report:

Protesters calling for stricter measures against police violence should be on the same side of the barricades as Second Amendment opponents of stricter gun controls, argues a Virginia law professor.

Since both fear the government’s ”monopoly of force” and are skeptical of authorities’ ability to protect citizens during times of unrest, they have an equal interest in Constitutional guarantees of the right to bear arms and protect themselves, Robert Leider writes in a forthcoming article in the Northwestern University Law Review.

Read the whole cited paper HERE.

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