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Posts Tagged Law
California Anti-Gun Bill AB 1964 Signed
From NRA-ILA:
Last Friday, July 18, Governor Jerry Brown (D) signed into law anti-gun Assembly Bill 1964. AB 1964 unnecessarily removes existing exemptions for all single-shot pistols, other than those with a break top or bolt-action, from California’s roster of “not unsafe†handguns. It is unfortunate that this legislation was passed and Governor Brown signed such a law that does not address any legitimate public safety problems and conflicts with well-established constitutional principles.
Police Need To Know The Law, Same As Citizens
From The CATO Institute:
To execute any search or seizure, a police officer must reasonably suspect that a crime has been or is being committed based on the facts available to him at the time he executes the search or seizure. Under this standard, searches can be lawful even if the officer is mistaken in his understanding of the facts before him, as long as his understanding led him to reasonably suspect criminal activity. But what if the officer is mistaken about whether a particular activity is actually criminal?
Dems Want More Gun Restrictions
From Politico:
Democratic Whip Steny Hoyer said top Democrats are in “discussions†on an amendment but have not decided what the language would say specifically.
We Don’t Need No Stinking Warrants
From Milwaukee Journal Sentinel:
Milwaukee police who forced their way into a gun rights advocate’s home without a warrant, took her for an emergency mental evaluation and seized her gun were justified under the circumstances and protected from her civil rights claims, a federal appeals court has ruled.
“The intrusions upon Sutterfield’s privacy were profound,” Judge Ilana Rovner wrote for three-judge panel. “At the core of the privacy protected by the Fourth Amendment is the right to be let alone in one’s home.”
But the court also found, that on the other hand, “There is no suggestion that (police) acted for any reason other than to protect Sutterfield from harm.”
ATF’s Meddling Appears To Allow Trusts To Make Machineguns With No Registration Or NICS Check
From Princelaw.com:
So, ATF, trying to be cute and find a way to require NICS checks without Congressional action, declared trusts not to fit the definition of a “person†under the GCA. No big deal, especially for us in Pennsylvania, as Pennsylvania Instant Check System (PICS) checks are already required for all NFA firearms, except silencers. But, not so quick…let’s look at Section 922(o) of the Gun Control Act…
Section 922(o) provides:
(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to–
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.
Judge Napolitano on the Bundy Ranch Standoff
Judge Napolitano on the Bundy Ranch Standoff
http://youtu.be/46O7fEIxHn8
Defense of the Second Amendment From Canada Free Press
Full article here.
Check out Title 18, USC, Section 241- Conspiracy Against Rights. Here is the important language of this law:
“This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). Punishment varies from a fine or imprisonment of up to ten years, or both.â€
To freely exercise and enjoy the Second Amendment requires full access to all small arms, both commercial and military, regardless of characteristics, capacity, operation or action, or country of origin, and the ability to both own and carry them. It requires that merely the act of owning and carrying firearms is not in itself a crime, nor the supposition that a crime is intended, until the normal due process, rules of evidence and probable cause are followed, and an actual crime is established through the behavior, intent or action of a person, violating a specific criminal law.
Second Amendment Cases To Follow
From Reason.com:
The Supreme Court hasn’t taken up any new Second Amendment cases since McDonald, but that doesn’t indicate a lack of interest. The Court receives thousands of petitions for review—or certiorari—each year, but it replies to only a few hundred. It has recently plucked a handful of Second Amendment cases from the submissions pile, asking for responses from the relevant parties.
Ninth Circuit Rules In Favor Of Gun Rights Again
From Calguns Foundation:
BELLEVUE, WA, and ROSEVILLE, CA – The Second Amendment Foundation and The Calguns Foundation earned a significant victory today when the Ninth Circuit Court of Appeals reversed and remanded the case of Richards v. Prieto, challenging the handgun carry license issuing policy of Yolo County, California, Sheriff Ed Prieto.
“Today’s ruling reinforces the Second Amendment’s application to state and local governments, and will help clear the way for more California citizens to exercise their right to bear arms,†said SAF founder and Executive Vice President Alan M. Gottlieb. “California officials have been put on notice that they can no longer treat the Second Amendment as a heavily-regulated government privilege.†Read the rest of this entry »
Dropbox Talks Government Data Requests
Posted by Gary in Law, News, Threat Watch on 4/Mar/2014 14:04
From: Dropbox
Dropbox’s Government Data Requests Principles
We understand that when you entrust us with your digital life, you expect us to keep your stuff safe. Like most online services, we sometimes receive requests from governments seeking information about our users. These principles describe how we deal with the requests we receive and how we’ll work to try to change the laws to make them more protective of your privacy.
Be transparent:  Online services should be allowed to report the exact number of government data requests received, the number of accounts affected by those requests, and the laws used to justify the requests. We’ll continue to advocate for the right to provide this important information. Read the rest of this entry »
Supreme Court May Take Up Several Gun Cases In Next Term
From Detroit Free Press:
…a federal appeals court panel’s divided ruling last week in a California case makes it more likely that the question of guns outside the home will be heading to the high court soon.
To date, the biggest split from that trend involved an Illinois law that was much more restrictive than those in other states. Its ban on carrying concealed weapons in nearly all circumstances was struck down by a 7th Circuit appeals court panel. Rather than appealing to the Supreme Court, however, the state amended the law to allow for public possession, with restrictions.
Gun Makers Flee Hostile States
Posted by Brian in Law, News, Threat Watch on 21/Feb/2014 12:12
From AL.com:
Remington has publicly opposed New York’s passage of the Secure Ammunition and Firearms Enforcement (SAFE) Act, which restricts gun ownership and sales. A Military Times report Friday said Remington’s decision to move to Alabama will not affect its largest facility in Illion, N.Y., but one union leader is already speaking out.
Idaho to Repeal CCW Exemption for Politicians
From MagicValley.com:
Idaho is the only state to allow any person in an elected position — from school board member to state senator — to carry a concealed weapon without a permit.
That rule came under scrutiny when former state Rep. Mark Patterson, R-Boise, was allowed to carry a concealed weapon even after his permit was revoked last year.
Califonia Microstamping Law Causes Ruger and Smith & Wesson To Stop Selling Guns In State
From FoxNews:
“Smith & Wesson does not and will not include microstamping in its firearms,†the Springfield, Mass.,-based manufacturer said in a statement. “A number of studies have indicated that microstamping is unreliable, serves no safety purpose, is cost prohibitive and, most importantly, is not proven to aid in preventing or solving crimes.â€