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Posts Tagged second amendment
Supreme Court To Hear DIY Gun Case
From The Truth About Guns:
The case, VanDerStok v. Garland, challenges the Department of Justice’s 2022 Final Rule that redefined important legal terms dealing with guns, including “firearm,” “receiver” and “frame,” making the longstanding American tradition of building personal firearms pretty much a thing of the past. Back in April, the court voted 4-3 to consider the challenge.
Marijuana Legalization Puts Gun Rights In Jeopardy
From The Truth About Guns:
As more states increasingly legalize the recreational use of marijuana—24 states according to CBS News currently do—the move has put gun owners who like to toke and can legally do so according to their state’s permittance into a legal conundrum when purchasing a firearm: How to honestly answer question 21(f) on ATF Form 4473 without committing perjury and leave the store with their firearm? The answer is, they can’t.
Gun Advocates Stick To Principles After Assassination Attempt
From Bearing Arms:
… the media is filled with stories about how the attempted assassination of former President Donald Trump should prompt gun control. So far, no one in the Republican Party is saying any such thing, though. That’s not overly surprising since, as I feel obligated to point out far too often now, they didn’t fold on guns after the shooting in Alexandria, Virginia.
But it seems the folks over at Vox are upset that Republicans aren’t changing everything right now in how they view guns.
Body Armor Ban Challenged BY FPC
From The Truth About Guns:
The fact that some states like New York ban the private ownership of body armor basically tells me just one thing—they want to be able to kill you without you having any protection to avoid that. Such laws are absurd, making anyone who owns body armor for any reason a criminal.
Upcoming SCOTUS Gun Cases
From Bearing Arms:
For months now, the Court has held on to a half-dozen other cases that all deal with prohibited persons; from Range v. Garland (whether someone can be permanently prohibited from possessing a firearm after a non-violent misdemeanor conviction punishable by more than a year in prison) to U.S. v. Daniels (whether federal law prohibiting the possession of firearms by someone who “is an unlawful user of or addicted to any controlled substance” violates the Second Amendment). After the release of the Rahimi decision, the Court is almost certainly going to address these cases through what’s known as a GVR: grant cert, vacate the previous decision, and remand the case back to the lower courts for further review in light of Rahimi‘s holding.
SCOTUS Bump Stock Opinion Breakdown
From Open Source Defense:
On Friday the Supreme Court struck down the ATF’s bump stock ban. Let’s break down the justices’ opinions and the implications.
Clarence Thomas writes for a 6-3 majority, and the overriding theme of his opinion is that this is not a hard case. Under the NFA, a machine gun is “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger”. Bump stocks are simply not that. That’s obvious if and only if you know how a bump stock works. Thomas explains that by explaining how an AR-15’s fire control group works.
Another Attack On Shooting On Public Land
From The Truth About Guns:
President Joe Biden is determined to decimate the notion that responsible gun owners should be able to responsibly teach the next generation of outdoorsmen and women recreational target shooting. His latest scheme is to shutter 98.9 percent of the Sonoran Desert National Monument to recreational target shooting.
Human Ingenuity Always Beats Laws
From Guns.com:
Sadly, several states do not properly respect their citizens’ constitutionally guaranteed right to bear arms. Luckily, a few companies out there make unique designs for Eugene Stoner AR-style rifles that stay in compliance with unconstitutional state laws and allow folks a chance to exercise their Second Amendment rights.
Does Hunter Biden Deserve A Pardon?
From Bearing Arms:
But there’s a case to be made that, whatever other crimes Trump may accuse the Biden family of committing, he should announce he’ll pardon Hunter Biden on the gun charges if he’s reelected in November.
There are a substantial number of gun owners (me included) who think that at least one of the statutes Hunter Biden was convicted of violating is an unconstitutional infringement on our Second Amendment rights. Should “unlawful” users of drugs be barred from possessing firearms? Or rather, can they be prohibited from exercising their Second Amendment rights simply because they use illegal drugs?
Supreme Court Rahimi Decision More Important With Trump Conviction
From Bearing Arms:
I think there’s an incredibly strong change that Trump’s conviction will be thrown out on appeal, but that could still be years away. In the meantime, the Supreme Court is probably Trump’s best bet to keep his Second Amendment rights intact, and the Court’s impeding decision in U.S. v. Rahimi provides a perfect vehicle for the justices to give Trump and others convicted of non-violent felonies relief from current federal law.
In Rahimi, the justices are expected to decide whether someone subject to a domestic violence restraining order can be prohibited from possessing or purchasing a firearm. We don’t know how the Court will rule, but it’s certainly not out of the question that a majority will conclude that Zachey Rahimi and others in similar circumstances can be barred from owning a gun; not solely because of a domestic violence restraining order, but based on a particularized finding of “dangerousness”.
The Gun Rights Implications Of Trump’s Guilty Verdict
From The Truth About Guns:
With 34 felony convictions being delivered to President Donald J. Trump Thursday afternoon by a New York jury—in what is questionably a rigged trial and unquestionably a politically motivated trial—there remain a number of questions on what will actually happen next and how it will play out. One thing that is not in question, at least until a successful appeal is decided on, is that Trump is now barred from owning or possessing firearms.
Journalist Stephen Gutowski over at The Reload was quick to report on some of the obvious ironies this situation creates for gun rights in this country.
Rep Massie Takes ATF Head To Task
From Ammoland:
Rep. Masse was referencing an interview that Mr. Dettelbach did with CBS’s “60 Minutes.” It was the same interview where the ATF’s firearms “expert” could not disassemble or assemble a Glock pistol. In the interview, Dettelbach pointed out that someone could buy a Barrett .50 cal in cash. He said that FFLs should report cash purchases to the ATF. Many in the gun community took issue with this statement because it is not illegal to buy firearms with cash, and in many cases, gun owners prefer to use cash, especially since programs such as “Operation Choke Point” exist.
Allowing Postal Service To Ship Ammo Will Undermine Anti-gun States’ Restrictions
From Bearing Arms:
In a recent article, I talked about cloning pro-abortion states’ “Shield Laws” in the context of ammunition. The basic idea is that if pro-abortion states get to undermine anti-abortion states’ laws by shipping abortion pills, why shouldn’t pro-Second Amendment states copy the idea and undermine the unconstitutional laws of anti-Second Amendment states by shipping ammunition?
The postal service is one of the few federal services that is constitutionally mandated in Article 1, Section 8, Clause 7. Everyone, including gun owners, pays taxes to support this constitutionally-mandated service. In other words, it’s OUR postal service, not just the gun control supporters’ personal courier.
The ban on USPS shipping ammunition is obviously a political restriction, not a technical one, and can be traced back to the Gun Control Act of 1968. But, for argument’s sake, let’s say that the ban on USPS shipping ammunition is based on technical reasons associated with hazardous materials. In that case, the postal service should be mandated to build the capability to handle ammunition shipments like UPS and FedEx.