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Posts Tagged Law
Unserious Gun Proposals
From National Review:
The usual ghouls were on their usual soapboxes before the blood had even dried. “Background checks!†they cried. Federal authorities then revealed that the killer already had been denied during an earlier attempt to purchase a firearm; our background-check system works when we work it. Which we do not always do: Sometimes, sales are approved when they should not be, as the result of delays in the background-check system; when the authorities become aware that such a sale has been wrongly approved, they make no effort at all to recover the firearms. It just is not done. Why? Bureaucratic inertia.
Compromise Always Means More Restrictions
From The Federalist:
When people ask me what I would be willing to compromise on, I give them a simple answer: I would trade tougher background checks in exchange for nationwide concealed-carry reciprocity. If we are going to create a system where every gun purchaser is fully vetted through the FBI’s background check system, then we should give those vetted and trusted gun owners the right to carry their guns nationwide.
Gun control advocates usually gasp when I make this recommendation, as if the thought of actually having to agree to pro-gun reforms has never crossed their minds. The answer I get is almost always a hard “no,†and that tells me everything I need to know about the gun control movement’s intentions. Every gun control bill that passes is just one step toward an ultimate goal.
Conviction Of Gun Owner Overturned In Michigan
Challenge To New Machine Gun Manufacturing
From Cato Institute:
Several years ago, Nick Bronsozian was charged with possession of an unregistered machinegun under a tax law statute. The provision in question, 26 U.S.C. § 5861(d), says that in order to have a machinegun registered, a tax must be paid on it. Simple enough, right? Bronsozian didn’t pay his tax. Case closed. That’s what the government argued anyway, but the situation is more complicated than that.
A subsequently enacted law, 18 U.S.C. § 922(o), prevents the government from registering and accepting tax payments on new machineguns. So Bronsozian was charged and convicted of a felony for not paying a tax that the government would not allow him to pay. If that strikes you as odd, it’s probably because you’ve read the Constitution.
NZ Puts Collectible Guns On Confiscation List
From Guns.com:
Several vintage rifles from yesteryear — some out of production for nearly a century– are on the list including the Remington Model 8, Winchester 1907, the M1 Garand, and various examples of the French MAS series. Rare Heckler & Koch wooden-stocked sporting rifles, like the HK 630 and HK 770, have likewise been targeted for destruction. Have a Mossberg 500 with a 6-shell tube? It’s on the list alongside the Beretta A300 and Benelli Super Nova.
New Zealand’s Council of Licensed Firearms Owners, or COLFO, a pro-gun group, has warned they may seek legal action. The group has stated that the proposed compensation for those forced to hand over their firearms to the government may be a sour deal for many.
Pennsylvania Strengthens 2nd/4th Amendments
From National Review:
Unless a police officer has prior knowledge that a specific individual is not permitted to carry a concealed firearm, and absent articulable facts supporting reasonable suspicion that a firearm is being used or intended to be used in a criminal manner, there simply is no justification for the conclusion that the mere possession of a firearm, where it lawfully may be carried, is alone suggestive of criminal activity.
Gun Shop Leaving Illinois For Indiana
From Guns.com:
Lost Creek Trading Post in Marshall, Illinois late last month said they had been told by local officials they had until June 17 to apply for a newly-mandated state-issued license and be certified by July 17. The requirements include a $1,500 fee and a host of new training and regulatory guidelines. Rather than try to jump through the hoops, Lost Creek is pulling stumps for a location across the state lines in Indiana.
Stupid Laws
From Reason.com:
When Joseph Cracco bought his folding knife about a decade ago, he had no reason to think he was breaking the law. Nor did Damien Guedes when he bought a bump stock for his AR-15 rifle in 2014.
Both products were subsequently transformed into contraband—not by legislators but by law enforcement officials. The way that happened shows how easily policies aimed at promoting public safety can make all of us less secure by undermining the rule of law.
Supreme Court Might Review NJ “may issue” law
From Guns.com:
The U.S. Supreme Court this week asked New Jersey officials to respond to a petition filed by a state resident allied with gun rights advocates. The case, that of Thomas Rogers and the Association of New Jersey Rifle & Pistol Clubs, had been turned away by the state’s own supreme court, setting the stage for the current appeal to the federal bench.
The Second Amendment In 2018
From Reason:
In 2018, the federal circuits delivered mixed decisions on magazine confiscation. The Third Circuit denied a preliminary injunction against New Jersey’s new confiscation law, while the Ninth Circuit affirmed a district court’s injunction against California’s older confiscation statute. Both decisions were 2-1.
Criminals Don’t Buy Guns From Stores, Study Finds
From Guns.com:
When it came to retail sources such as gun shows, flea markets, firearm stores, and pawn shops, only about 10 percent said they were able to obtain their weapons from such outlets through purchases or trades. Of those, the majority reported that a background check was conducted as part of the sale, although in many cases they did not purchase it under their own name.
In all, only about 1 percent of prisoners who used a firearm during their crime had obtained it through a retail sale.
Case Could Reign In Federal Bureaucracies
From Bearing Arms:
Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers.Â
Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)
Third Circuit Upholds Magazine Ban
From Ammoland:
December 5, 2018. In a 2-1 decision, a panel of the U.S. Court of Appeals for the Third Circuit refused to stop the enforcement of New Jersey’s 10-round magazine ban.
The majority, in an opinion by Judge Shwartz and joined by Judge Greenaway, both appointed by President Obama, held that the ban did not violate the Second Amendment because it reasonably advanced the State’s interest in reducing mass shootings without severely burdening the rights of law-abiding citizens.
The ATF’s Wide Authority
From Bearing Arms:
Although I cannot disclose all of the occasions where ATF has recently reversed its prior determinations or devised a new interpretation of the law or regulation, I can disclose a recent prosecution, of a veteran, where ATF devised a new interpretation out of whole cloth and was successful in convincing the U.S. Attorney’s Office for the Northern District of Ohio to prosecute. The case is U.S. v. Wright, 3:18-CR-162 and it should have the entire Firearms Community alarmed.