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Posts Tagged second amendment
NRA Reform
From The Truth About Guns:
As a firearms instructor, I want to share my ideas for the reform the NRA needs as it heads into a trial its leadership will NOT win. The court will order that the organization be rebuilt, but if we don’t make it clear what’s really needed, we won’t get the results we need.
Policing vs Expanded Gun Rights
This academic paper discusses how police will have to change due to the widespread acceptance of concealed carry.
This Article examines how the rapid deregulation and rampant possession of firearms
is likely going to impact policing, and the constitutional law that governs it. For the
longest time, lawful gun carry, concealed or open, was exceedingly rare. For a police
officer to see a gun was both to see danger, and a crime in progress. This link among
guns, danger, and unlawful possession has shaped much of the law of policing. But
now, this understanding of the world is in its last stages of unraveling.
In nearly all states, guns are no longer unlawful to own and carry by default. In many,
they are barely regulated. Recent Supreme Court Second Amendment decisions like
New York State Rifle & Pistol Association v. Bruen serve only to hasten where
state laws already were headed. For police, however, the harm guns can do exists
irrespective of what the law has to say about the legality of carrying them. As a result,
the nation’s gun laws are on a collision course with the practice and law of policing.
This Article explores how the constitutional law governing policing is changing and
will change in the face of gun legalization.
California Sued By SAF For Requiring Video Of All Gun Sales
From The Truth About Guns:
The Second Amendment Foundation has filed a federal lawsuit in California challenging that state’s law requiring firearms dealers to video record all transactions, calling it a violation of First, Second, Fourth, Fifth and Fourteenth Amendment rights.
“Requiring firearms retailers to video record their transactions is not only an egregious violation of privacy,” said SAF founder and Executive Vice President Alan M. Gottlieb, “it involves an expense that is both cost-prohibitive, and could literally drive small dealers out of business. In addition, it would be impossible to record such transactions at gun shows, because at such events, dealers are merely vendors, operating in a large facility where such equipment would be impossible to install.”
Reality Hits Jews Who Don’t Like Guns
From Post-Gazette:
Under the keen eye of a trained instructor, who was also Jewish, David was surprised at how comfortable he was handling a gun. As someone who grew up in a community in which owning guns was unthinkable, he was surprised at how many of his friends also owned guns.
“Growing up, the mere thought of owning a gun or handling a gun was taboo. However, once I started having conversations with people after Tree of Life, I found the reality is everybody might be somebody who would buy a gun. It just depends on what it takes to get one,” he explained.
Bill Attacks First and Second Amendment By Calling For CAD File Ban
From Ammoland:
The bill reads: “It shall be unlawful for any person to intentionally distribute, over the internet or by means of the World Wide Web, digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver.”
ACLU Makes Principled Move To Defend NRA
From The Truth About Guns:
What the ACLU does advocate for pretty consistently is robust First Amendment rights for everyone. The NRA lawsuit involved here, if it fails, would strike at the heart of freedom of speech and empower governments to severely restrict the rights of anyone with views they disapprove of.
Oregon Gun Ban Overturned
From Bearing Arms:
Judge Raschio explained in his ruling that the measure violates an Oregonian’s right to bear arms, particularly the section that would ban high-capacity magazines.
“The court finds that the large capacity magazine ban effectively bans all firearm magazines fixed or attached which is unconstitutional under any application of said law,” the decision reads.
Illinois Residents Refuse To Register Guns
From Bearing Arms:
There’s just a little more than a month left before Illinois gun owners must register their so-called assault weapons with the state police or risk the possibility of criminal charges if they’re caught with their modern sporting rifle, and so far it looks like many gun owners are willing to run that risk. As of November 21st, fewer than 3,500 gun owners have registered some 6,600 newly banned firearms with the state police; about 0.001 percent of the state’s 2.4 million legal gun owners.
Founding Era German Translations Of The Second Amendment Give New Perspective
From Bearing Arms:
After analyzing these interpretive similarities, this research makes the following contentions: the original public meaning of the Second Amendment indicated an understanding of both an individual right to keep and bear arms as well as a declarative statement on the militia that had no limiting effect on the individual right. Put another way, the first clause (the Militia Clause) does not create a condition for the second clause. Instead, it declares an axiom as understood by the framers: a well-established and well-outfitted militia (broadly defined as the entirety of the national populace) is necessary to securing a free nation. To support this dictum, the amendment subsequently recognizes the individual right to keep and bear private arms, because the militia is made possible by private arms rather than the other way around. With the publication of the Bill of Rights, the Constitution endorsed an armed citizenry as the best possible defense of a nation’s liberties rather than making the individual ownership contingent on the continued use of a militia.
Media Uses Headlines About Rahimi Case To Create A Narrative
From Ammoland:
The dominant media headlines ignore the crux of the case. In headline after headline, they claim the case is whether people who commit domestic violence can be disarmed. Nothing in the case challenges the power of the government to disarm people who are convicted of domestic violence. Rahimi was never convicted of domestic violence.
Domestic Enemies In Senate Propose National Registration
From Senator Cory Booker:
Specifically, the legislation would require:
- An individual to completed firearm safety training, which must include a written test and hands-on training to ensure safe use and accuracy.
- Attorney General to conduct a history background check of any individual purchasing a firearm.
The federal firearm license must be renewed every five years at which point the applicant will have to go through a background check and undergo firearm safety training again. The bill contains a mechanism for the U.S. Department of Justice to revoke a license if an individual poses a danger to themselves or to others. The legislation would require the Federal Bureau of Investigation to regularly conduct checks to ensure that individuals are in compliance with federal license requirements and keep in place requirements that all people purchasing firearms from a federal firearms licensee undergo a background check.
Federal Judge: No Right To Purchase A Gun
From Bearing Arms:
U.S. District Judge John L. Kane, an 86-year-old appointee of Jimmy Carter back in 1977, made the eyebrow-raising decision in a case known as Rocky Mountain Gun Owners v. Polis, which challenges Colorado’s newly-enacted three-day waiting period on all gun sales. Kane denied the group’s request for an injunction that would have halted enforcement of the waiting period while the litigation continues, ruling the plain text of the Second Amendment only covers the right to keep and bear a firearm, not to purchase or acquire one for lawful purposes.
Rahimi Case Argued At The Supreme Court
From Reason:
The government can disarm “dangerous individuals” without violating the Second Amendment, U.S. Solicitor General Elizabeth Prelogar told the Supreme Court on Tuesday. J. Matthew Wright, the lawyer arguing the other side of United States v. Rahimi, agreed with that general principle. But he did not agree that the federal law Prelogar was defending, which criminalizes gun possession by people who are subject to domestic violence restraining orders, fits within that tradition.