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Posts Tagged Law
Older Americans Denied Ability to Enlist
The House of Representatives voted down a resolution that would have allowed citizens who exceed the military’s age limit to enlist, even when they pass the physical.
From Military Times:
Broun, a 66-year-old Navy Reserve doctor, said the legal limit blocking enlistment for anyone over the age of 42 “seems to be an arbitrary policy†in an era when many older people are in excellent physical condition.
“There are people who want to serve and are physically fit,†he said. “There are some 20-year-olds who cannot run a mile.â€
New Law a Reason to Visit Oklahoma?
A new law allows out-of-state permit holders to carry in Oklahoma. According to Guns.com contributor Dabney Bailey:
“Now, the only thing missing is an actual reason to visit Oklahoma.”
With a statement like that she must be from Texas.
New Orleans Cops Sentenced in Murder of Civilians
From PoliceMag.com:
A federal jury had convicted the officers in August of fatally shooting two civilians and seriously wounding four others on Sept. 4, 2005 following Hurricane Katrina. The shooting was covered up for almost five years.
U.S. District Court Judge Kurt Englehardt sentenced Sgt. Kenneth Bowen to 40 years; Sgt. Robert Gisevius to 40 years; Officer Robert Faulcon to 65 years; and Officer Anthony Villavaso to 38 years.
Bill Allows CCW Permits to Under-21s in the Military
Florida, the vanguard of pro gun legislation, has proposed to allow concealed carry permits to anyone in the military regardless of age, as long as they are qualified.
From Guns.com:
The bill, officially known as House Bill 463, was authored by Florida Carry, a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self-defense.
“Those who defend our country overseas should be able to defend themselves and their families at home. There have been too many incidences of violence against our troops who have just returned from overseas deployments and found themselves defenseless at home” the group said in a press release.
Maryland Gun Law: Unconstitutional
Another gun law bites the dust, this time in Maryland. The same lawyer who won the Heller case and the case in Chicago is behind the challenge to the Maryland law.
“A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,†Legg wrote. “The right’s existence is all the reason he needs.â€
That’s why we call them “rights”.
Forced Hard Drive Decryption Is Unconstitutional, Appeals Court Rules
From: Threat Level
Forcing a criminal suspect to decrypt hard drives so their contents can be used by prosecutors is a breach of the Fifth Amendment right against compelled self-incrimination, a federal appeals court ruled Thursday.
It was the nation’s first appellate court to issue such a finding. And the outcome comes a day after a different federal appeals court refused to entertain an appeal from another defendant ordered by a lower federal court to decrypt a hard drive by month’s end.
Thursday’s decision by the 11th U.S. Circuit Court of Appeals said that an encrypted hard drive is akin to a combination to a safe, and is off limits, because compelling the unlocking of either of them is the equivalent of forcing testimony.
Virginia To Allow Multiple Gun Purchases Per Month
From NRA-ILA:
Today, the Virginia Senate passed Senate Bill 323 by a 21 to 19 vote. SB 323 would repeal the archaic prohibition of purchasing more than one handgun per month.
Open Carry in Utah
From Guns.com:
The bill is entitled H.B. 49, “Firearms Revisions,†and states “… in the absence of additional threatening behavior, the otherwise lawful possession of a firearm visible or concealed†would not constitute a violation of Utah’s various criminal provisions and statutes.
In short, if the bill is passed law enforcement can’t arbitrarily charge one with a crime for lawfully carrying a firearm – as in the case with Taylor.
Accepting Your Limitations
Posted by Jack Sinclair in Law, News, Opinion on 28/Dec/2011 00:42
by Bruce N. Eimer, Ph.D
“If you carry a gun, you need to recognize that the reason you do so is for personal protection, not to transform yourself into a would-be super hero. Carrying a gun does not give you a license to get involved in situations that are none of your business. It does not give you the authority of a police officer. Your job is to stay safe and keep your loved ones safe.
It makes good sense as a general principle to avoid becoming inextricably involved in confrontations where you are not directly affected in the first place. You take a risk when you involve yourself in other people’s arguments. This is not to say that there will never be a situation that is worth the risk, but that is a personal decision.”
https://www.usconcealedcarry.com/ccm-columns/armed-senior-citizen/accepting-your-limitations/
Texas concealed handgun carrier thwarts robbery at Denny’s
Posted by Jack Sinclair in Law, News, Threat Watch on 28/Nov/2011 03:31
“Two armed suspects attempted to rob a Denny’s restaurant, but ended up fleeing for safety after a shootout with a customer.
Officials said two armed suspects wearing bandannas entered and attempted to rob the store. The sole customer in the restaurant, a licensed concealed handgun carrier, observed the suspects enter, pulled out his own gun, took cover and fired at the robbers.
Officials said the suspects returned fire and fled the restaurant. The customer followed the suspects, firing as he went. The suspects jumped into a white minivan and fled the scene.”
http://www.msnbc.msn.com/id/45446615/ns/local_news-houston_tx/#.TtNUGk-kSyN
NRA Interviews Emily Miller
NRA interviews editor Emily Miller from the Washington Times about her quest to acquire a gun in D.C.
Gallup Poll: Don’t take away guns
Posted by Jack Sinclair in Law, News on 27/Oct/2011 15:32
By TIM MAK
“This year marks the first time that more people were against a ban than for it.”
“Support for gun control is at its lowest level in more than 50 years, according to a recent Gallup Poll.
In fact, 26 percent of those surveyed think there should be a law banning the possession of handguns, except by the police and other authorized people, reports a Wednesday Gallup poll. On the other hand, 73 percent oppose such a ban — the highest percentage reflecting such sentiment since polling on the issue started in 1959.
Over the past 50 years, the United States has changed its mind drastically on whether a handgun ban is appropriate. In 1959, 60 percent supported a handgun ban, while only 36 percent opposed it.
With regard to semiautomatic guns … 53 percent oppose laws that would make it illegal to manufacture, sell or possess them; only 43 percent agree with that sort of ban. This year marks the first time that more people were against a ban than for it.
A plurality of respondents — 44 percent — want firearms regulations to be kept as they are now, while 11 percent favor less strict gun laws; 43 percent suggest stricter gun laws are necessary.
Views on gun laws have changed dramatically over the past twenty years to the point where no key demographic subgroup favors a ban on handguns. Only those living in Eastern America, Democrats and those without guns in the household still have majority support for stricter gun laws generally, Gallup reports.”
Read more: http://www.politico.com/news/stories/1011/66874.html#ixzz1c13r6Fqr
Record-Low 26% in U.S. Favor Handgun Ban
From: Gallup
PRINCETON, NJ — A record-low 26% of Americans favor a legal ban on the possession of handguns in the United States other than by police and other authorized people. When Gallup first asked Americans this question in 1959, 60% favored banning handguns. But since 1975, the majority of Americans have opposed such a measure, with opposition around 70% in recent years.
Could HR 822 be amended like the Firearm Owners Protection Act of 1986?
The fears presented in the previous post on the dangers of amendments to HR 822 are not unfounded, they are based on precedent, and the fact that the NRA seems to have ignored addressing this issue is troubling. The net result  in 1986 was that the “Firearm Owners Protection Act” created a de-facto ban on the ownership of “machine guns” from that day forward.
This was not the original intent of that legislation and yet that is the legislation that was passed into law.
I’m not a legal expert and I would love to have the NRA experts explain to us how another Firearm Owners Protection Act debacle can be avoided.
From: Wikipedia
Machine Gun Ban: The Hughes Amendment
As debate for FOPA was in its final stages in the House before moving on to the Senate, Rep. William J. Hughes (D-N.J.) proposed several amendments including House Amendment 777 to H.R. 4332 [4]that would ban a civilian from ownership or transfer rights of any fully automatic weapon which was not registered as of May 19, 1986. The amendment also held that any such weapon manufactured and registered before the May 19 cutoff date could still be legally owned and transferred by civilians.
In the morning hours of April 10, 1986, the House held recorded votes on three amendments to FOPA in Record Vote No’s 72, 73, and 74.
Recorded Vote 72 was on H.AMDT. 776, an amendment to H.AMDT 770 involving the interstate sale of handguns; while Recorded Vote 74 was on H.AMDT 770, involving primarily the easing of interstate sales and the safe passage provision.
Recorded Vote 74 was the controversial Hughes Amendment that called for the banning of machine guns. Rep. Charles Rangel (D-N.Y.), at the time presiding as Chairman over the proceedings, claimed that the “amendment in the nature of a substitute, as amended, was agreed to.” However, after the voice vote on the Hughes Amendment, Rep. Charles Rangel (D-N.Y.) ignored a plea to take a recorded vote and moved on to Recorded Vote 74 where the Hughes Amendment failed.[5][6]
The bill, H.R. 4332, as a whole passed in Record Vote No: 75 on a motion to recommit. Despite the controversial amendment, the Senate, in S.B. 49, adopted H.R. 4332 as an amendment to the final bill. The bill was subsequently passed and signed on May 19, 1986 by President Ronald Reagan to become Public Law 99-308, the Firearms Owners’ Protection Act.