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Posts Tagged second amendment
The Importance Of Armed and Organized Citizens
From Ammoland:
In fact, militias were used as late as the War with Spain in Cuba and the Philippines. Roosevelt’s Rough Riders were a volunteer militia that was formed in part by Theodore Roosevelt. A standing army had been around for many years; however, militias were still very important to the security of the United States.
Mass. Gun Law Ruled Unconstitutional
From Bearing Arms:
… a municipal court judge in Boston recently ruled that an applicant for a license to carry was wrongly denied based on “suitability” concerns. A Boston man named Jordan Lebedevitch sought an LTC (which is required to both own and carry a handgun and some long guns in Massachusetts) as part of his job working in security, but Boston Police Commissioner Michael Cox and the Boston police rejected Lebedevitch’s application based on a 2023 police report in which his then-wife told officers that he had threatened to kill himself.
The Battle Of Agincourt And The Origin Of An Armed Populace
From Don Shift:
The French expected an easy win but underestimated the English, especially their devastating longbows. The English longbow was a game-changer, capable of penetrating armor and hitting targets hundreds of yards away. English archers held off the French cavalry and thinned out French infantry from a distance before they even reached the English lines.
An Argument For National Gun Reciprocity
From The Truth About Guns:
Two New Hampshire men charged in separate incidents with unlawful possession of a gun have challenged Massachusetts firearm law. Dean Donnell Jr. and Phillip Marquis are both legal gun owners and residents of New Hampshire, a state that issues carry permits for purposes of reciprocity but otherwise observes constitutional carry, meaning that no license is necessary to open or conceal carry within the state. Attorneys for the men argue that Massachusetts felony charges, under the state’s strict firearm laws, are a violation of their Constitutional rights.
“Massachusetts can’t be less protective than the Second Amendment,” argued Hayne Barnwell attorney for Phillip Marquis.
Feds Still Attacking 3D Printed Gun Parts
From Ammoland:
Earlier this month, the government held an event hosted by ATF Director Steve Dettelbach and U.S. Deputy Attorney General Lisa Monaco. The government invited federal law enforcement, members of the 3D-printing industry, and academia to the conference in Washington, DC. The goal was to pressure the industry to stem the tide of 3D-printed gun parts.
Congressman Massie Introduces National Constitutional Carry
From Ammoland:
The National Constitutional Carry Act (HR 9534) would remove permitting requirements for Americans to carry firearms nationwide. Most US states do not have permitting requirements to carry a gun. The bill will also remove the states’ and territories’ ability to prevent Americans who are not a prohibited person from carrying guns in public. Any regulations passed by the states to restrict one’s ability to carry a firearm would not have the force of law. Rep. Massie believes that an American shouldn’t have to seek a permission slip from the government to exercise an inalienable right.
Missouri’s Gun Sanctuary Law Struck By Federal Court
From The Federalist:
Both the District Court and the Eighth Circuit saw things differently, and by enjoining Missouri’s law, have forced the state to use resources and its employees to enforce federal gun laws. That could include materially supporting the compilation of gun owner records for the ATF’s gun registry, the enforcement of President Joe Biden’s “zero tolerance” policy against Missouri gun dealers, or helping a hypothetical Kamala Harris administration in confiscating AR-15s under a future “assault weapons” ban.
The precedent is clear, the federal government has no authority whatsoever to compel a state to enforce a federal law. So, what’s the difference here? Sadly, all too many federal judges stubbornly believe the Second Amendment is a second-class right. In the case of the recent ruling against SAPA, the Eighth Circuit simply invoked the Constitution’s supremacy clause, and gave the back of its judicial hand to Missouri and every other state that might question the constitutionality of a federal law — at least a federal gun law.
Fifth Circuit Says It’s Unconstitutional To Ban Pot Users From Gun Possession
From Ammoland:
The government tried to use laws from the founding era that disarmed people who felt they were dangerous. One example that was given is the banning of British Loyalists from having firearms. The judges rejected that argument, stating that the ban on marijuana users owning firearms would be more akin to the founders banning people who drank alcohol from owning guns. The judges pointed out that the founders drank copious amounts of alcohol. The judge stated the government may be able to prevent someone who is intoxicated from carrying a firearm. Still, Ms. Connelly was not under the influence of drugs at the time of the arrest and was not a dangerous person.
Court Rules Against Missouri’s Second Amendment Protection Act
From The Truth About Guns:
At the time, Gov. Parson said the unique law “draws a line in the sand and demonstrates our commitment to reject any attempt by the federal government to circumvent the fundamental right Missourians have to keep and bear arms to protect themselves and their property.”
On Monday, however, a three-judge panel of the 8th Circuit Court of Appeals upheld last year’s district court ruling and found that the Missouri law violated the U.S. Constitution’s supremacy clause, which states that federal law takes precedence over state laws.
Federal Judges Says Machine Guns Part Of Second Amendment
From Guns.com:
A U.S. District Court in Kansas agreed with a federal public defender over a set of machine gun charges, tossing them as unconstitutional with the right to keep and bear arms.
Judge John W. Broomes, a 2018 Trump appointee, agreed with a motion from the Federal Public Defender Office in Wichita to dismiss a two-count indictment against a local man for possession of a pair of unregistered Post-86 machine guns, arguing the charges went against the “history and tradition of the Second Amendment of the United States Constitution by imposing a blanket prohibition on machineguns,” and is thus unconstitutional as applied to the defendant.
Maine Gov Goes After FPC For Tweet
From Ammoland:
This response wasn’t the first time that FPC had used colorful language to push back against gun control, but it might be the first time that a Governor’s staff reported the organization to the police for a perceived threatening statement. Thanks to a Freedom of Information Act (FOIA) request by the Maine Wire, we now know the staff contacted Maine State Police’s Executive Protection Unit to investigate the tweet. The Executive Protection Unit is responsible for protecting the Governor, similar to how the United States Secret Service (USSS) is supposed to protect the President and former Presidents of the United States.
Polymer80 Lawfared Into Bankruptcy
From Husky Armory:
The Nevada-based company, known for its “ghost gun” kits that allowed law-abiding citizens to build their own firearms, cited overwhelming legal costs as the primary reason for its closure. For many Second Amendment advocates, this marks a troubling development in the ongoing battle for gun rights in America.
Gun Ownership Is Not An Excuse For Fourth Amendment Violations
From Bearing Arms:
Today, however, a three-judge panel on the court got it absolutely right when it ruled that a Connecticut police officer isn’t entitled to qualified immunity after handcuffing, detaining, and conducting a warrantless search on a resident after he produced a valid handgun permit.
Gun Culture As A Check On Government
From Open Source Defense:
The value of gun ownership doesn’t come from firing the gun in anger. Most guns will never be used in that way. That’s the ultimate backstop, but most of the value of gun ownership is about the culture it builds.