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gun rightsJeff Soyer on 26 Nov 2013 03:15 am

From the InterMountain:

Gun advocates asked the U.S. Supreme Court on Monday to overturn a lower court’s ruling against state laws designed to buck federal gun rules.

Earlier this year, the 9th U.S. Circuit Court of Appeals upheld a district judge’s decision against the 2009 Montana Firearms Freedom Act. The law attempts to declare that federal firearms regulations don’t apply to guns kept in the state where they were manufactured.

To clarify, for those who don’t make Alphecca a daily read, Montana and numerous other states have passed resolutions (and in some cases, laws) prohibiting the federal government from enforcing certain federal regulations of firearms. Specifically, if a gun is manufactured in, and only sold to residents of a specific state (in this case Montana) then federal regulations shouldn’t apply since it isn’t interstate commerce.

Given the liberal tilt of the Supreme Court, I expect that they’ll reject hearing the appeal, but if they did, they would not rule in favor of states’ rights. After their Obamacare ruling, it’s obvious that Roberts and company like the idea of a big, powerful, federal government.

gun rightsJeff Soyer on 03 Nov 2013 07:35 am

Guy walks from his house to his mailbox. He has a holstered pistol. Perfectly legal in Oregon. Cop detains and questions him, pats him down, calls station. No arrest. Guy files suit. Judge finds the cop and city at fault. They settle with the guy for $5,000 dollars. From the Gazette Times:

Both sides agree, according to court documents, that when Hall noticed Dodge exit his patrol vehicle, he asked if he was being detained. The officer replied no, but said he’d like to speak to Hall. Hall ignored Dodge’s questions and asked again if he was being detained. That time, Dodge replied yes. Hall remained silent as Dodge patted him down and asked him questions such as where he lived and whether he had identification on him.

I still prefer concealed carry. I find discretion to be the better part of valor.

In any event, while true that Hall exercised his right to remain silent during the conversation with the cop, is that the best course of action? I dunno. It just seems as if for some people, they’re actually looking for an incident to happen. The cop was wrong, but a quick explanation to him about wanting to exercise his right to self-defense might have been all that was needed. After all, the cop admitted that this was a “bad” part of town. Hall could simply have said that he wore the legal gun for protection.

gun rights and Fighting BackJeff Soyer on 09 Oct 2013 04:52 am

The Young Americans for Liberty are holding a gun rights rally at Albany University in NY. Here’s their website. From a press release:

Albany, NY — Students at SUNY Albany on October 15th at 10:00am will be hosting a large pro-Second Amendment Rally on Collins Circle with an anticipated attendance of over 500 activists. The Young Americans for Liberty chapter is going to take the campus by storm as distinguished speakers such as Assemblyman Steve McLaughlin, Assemblyman Steve Katz along with many others will fill up Collins circle to stand for the Second Amendment, fight the SAFE Act and go against the anti-gun agenda of Governor Cuomo.

The Rally is the kickoff event of “Second Amendment Week”, which is a weeklong series of pro-gun activism events being hosted by SUNY Albany Young Americans for Liberty.

More details at the above link. They now expect up to 1,000 to gather. If you’re in the area, or could be in the area, show your support.

gun rightsJeff Soyer on 27 Sep 2013 04:48 am

Things to consider if you’re thinking of voting for more gun control and for demonizing the NRA:

The National Rifle Association announced its grassroots fundraising program “Friends of NRA” is having a record fundraising year.

[ . . . ]

The program has grossed $51 million in 2013, one million dollars more than last year, the NRA announced. There are more than 200 fundraising events left in 2013.

gun rightsJeff Soyer on 08 Sep 2013 06:27 am

One man in Iowa just passed his training and received his CCW permit. He’s completely blind. From the Des Moines Register:

“When you shoot a gun, you take it out and point and shoot, and I don’t necessarily think eyesight is necessary,” Barber said. “If someone is attacking me, I’m going to be able to hear what they’re doing, and if I need to use the weapon, I’ll use the weapon.”

Indeed, it’s well known that those who lose or don’t have the sense of sight have heightened hearing abilities. More at the link.

gun rightsJeff Soyer on 30 Aug 2013 04:56 am

From the Livingston Daily:

The Mississippi Supreme Court has upheld the state’s open carry-gun law, allowing it to take effect after a circuit judge’s order kept it on hold about two months.

Justices ruled unanimously that Hinds County Circuit Judge Winston Kidd erred when he found the law vague and therefore unconstitutional.

Good business. But, I still prefer concealed-carry.

gun rightsJeff Soyer on 15 Aug 2013 05:20 am

From the AP:

John Laigaie III is a 64-year-old, retired U.S. Army master sergeant and Second Amendment advocate. He says he was walking his dog in the park on Dec. 19, 2011, and openly carrying his 9 mm handgun on his hip when an officer approached him, demanded identification and told him it was illegal to have a gun in the park.

Laigaie told the cop that, in fact, it was perfectly legal and even offered to show him a copy of the ordinance saying so. Instead of using his head in what was clearly a non-confrontational, non-violent situation, the cop drew his service gun and pointed it at him.

Eventually, checking with superiors, the cop realized his mistake and let Laigaie go on his way. However, by not knowing the law, the cop cost the city $15,000 dollars in a lawsuit settlement.

gun rightsJeff Soyer on 09 Aug 2013 05:00 am

Today is Starbucks Appreciation Day.

The coffee chain allows openly or concealed guns in their shops, in states where that is legal.

gun rightsJeff Soyer on 01 Aug 2013 02:32 pm

I wish that could be said in all 50 states. From Cincinnati.com:

Of the 19 bills, 11 would expand the rights of gun owners – increasing the locations where “stand your ground’ law is applicable, adding places where a person can legally carry a concealed gun and easing the requirements, in some instances, for a concealed carry permit, for example.

Details on the bills are in the linked article.

gun rightsJeff Soyer on 28 Jul 2013 07:11 am

The NRA sent out a tweet asking, “Why are you a gun owner?”

Talk show host Tammy Bruce tweeted back, “I think the attached pic says it all for me.”



Now, how many of the mutants in that picture can you identify?

gun rightsJeff Soyer on 24 Jul 2013 03:26 am

Well, it’s about to — after the Governor signs a bill just passed by the legislature. CCW permit holders will be able to carry into bars and restaurants unless the owners of such establishments expressly (by a sign or something, I guess) prohibit it.

Also:

The measure will also allow concealed-carry permit holders to store weapons in locked cars on the campus of any public school or university. Guns will also now be allowed on greenways, playgrounds and other public recreation areas.

Your right to protect yourself shouldn’t be compromised by your location.

gun rightsJeff Soyer on 12 Jun 2013 09:05 am

From Bizpac Review:

The owner of two small Arkansas sandwich shops has put out a welcome sign for those who are licensed to carry a gun, and they appreciate it. For those who don’t carry, they’re not so sure.

“This is simply an accommodation for people that are legally licensed to carry,” Jim Magers, owner of Schlotzsky’s Deli told KATV 7 in Little Rock.

While a few anti-gunners are complaining, I’m willing to bet that it will be good for business.

gun rightsJeff Soyer on 10 Jun 2013 10:22 am

A look at him and the issues he faces in this article.

gun rightsJeff Soyer on 07 Jun 2013 08:35 am

From the Colorado Statesman:

A proposed 2014 ballot initiative, which is currently being reviewed by the Colorado Supreme Court, would amend the state constitution to establish a right to purchase and possess high-capacity ammunition magazines.

[ . . . ]

The current ballot title would read, “Shall there be an amendment to the Colorado constitution prohibiting any capacity-based restriction on the purchase or possession of ammunition storage and feeding devices other than a restriction imposed by a voter-approved law?”

I’d rather see a more broad-based amendment stating that the right to keep and bear arms will not be infringed in any way for law-abiding citizens.

By the way, if such an initiative does wind up on the 2014 ballot, watch NYC Mayor Michael Blowhard spend millions trying to defeat it.

gun rightsJeff Soyer on 21 May 2013 06:08 am

The Alabama State House of Representatives has approved a measure that clarifies (and increases) where CCW permit holders can legally carry. In addition, from the Montgomery Advertiser:

The legislation changes language relating to issuing gun permits from “may issue” to “shall issue.” However, sheriffs can deny permits if they believe the firearms will be used unlawfully, or if the applicants have mental illness or have falsified gun permit information before.

I suppose there’s still some wiggle-room for sheriffs to deny a permit, but I don’t think they can use “moral character” as an excuse anymore. Or race.

gun rightsJeff Soyer on 17 May 2013 06:32 am

Actually, it’s just a senate committee that passed the bill, which still has to be approved by the entire legislature. It’s a very restrictive “May Issue” type law. It allows the issuing of CCW permits after a series of hurdles are passed by applicants. But, it allows an additional hurdle if you live in Chicago. From ABC News:

[Opponents of the proposed bill] say requiring a local police “endorsement” to carry in Chicago is an impermissible double standard and objected to larger cities being able to designate additional local spots as off-limits to guns.

Republicans also decried provisions in the legislation that require applicants for conceal-and-carry permits to have a “proper reason” and be “of good moral character.”

The “moral character” line is particularly galling to gun advocates. It’s vague and a magnet for lawsuits, said Sen. Dale Righter, a Mattoon Republican, arguing that it must be more clearly defined.

And since Chicago (and most of Illinois) is controlled by liberal Democrats, they get to decide what a “proper reason” and “good moral character” are. As if they would know!

gun rightsJeff Soyer on 13 May 2013 09:06 am

From KQED:

California has some of the toughest gun laws in the United States. They don’t appear to be stopping people from purchasing firearms.

Despite 10-day waiting periods, expansive background checks, a limit on one handgun purchase every 30 days and a broad “assault weapons” ban, California experienced a 180 percent increase in attempted gun purchases over the last decade.

Yes, but maybe not the purchase of the guns Californians really want. Like those “assault weapons” that only the oppressive cops are allowed to own.

gun rightsJeff Soyer on 08 May 2013 11:27 am

Some veterans have been prevented from buying firearms because of things that have nothing to do with their ability to handle one responsibly. Now, some of them will be shielded from the NICS (instant background check) database. From KCTV:

Currently, the Department of Veterans Affairs automatically submits the names to the FBI’s database of those veterans who are deemed unable to handle their own financial affairs and have a fiduciary appointed to administer their benefits.

But the House Committee on Veterans Affairs approved legislation requiring a judge’s order before a veteran’s name is submitted to the database. Lawmakers said veterans who are not a threat to harm themselves or others should not be denied a constitutional right to buy and possess guns.

Unless they’re just stark crazy, veterans should be the last ones to lose their natural and constitutional rights.

gun rightsJeff Soyer on 13 Apr 2013 04:53 am

From the Times-Argus:

Maine lawmakers are considering a bill that would do away with the state law requiring permits to carry concealed weapons.

Rep. Aaron Libby’s bill drew a large crowd to Thursday’s hearing before the Criminal Justice and Public Safety Committee. Many of those attending were gun rights activists.

According to the report, a whole bunch of citizens spoke in favor of the bill. None spoke against it.

Here I am, day-dreaming again. In my dream, Maine goes permitless and then, so does New Hampshire. That makes my entire stomping grounds a beacon of liberty and freedom for the right to protect myself.

gun rightsJeff Soyer on 12 Apr 2013 06:01 am

Do law abiding citizens have the right to carry firearms outside of the home, as most states think (and therefore their CCW permit system is a “Shall issue” one)? Or, do states (such as NY, NJ, CA, MD) have the right to make a person “prove” they have a need to conceal-carry (”May issue”)?

This weekend, in private meetings, the justices of the Supreme Court will decide what cases to take up next fall and one of them under consideration is a NY court’s ruling regarding that very question. From the AP:

. . . Among them is an appeal of a federal court ruling that upheld New York’s strict licensing scheme for carrying concealed weapons in public.

The National Rifle Association and 20 states are backing an appeal by five New York residents who claim that the state law violates their constitutional gun rights.

[ . . . ]

Legal scholars say the issue of whether people have a right to be armed in public is likely to win high court review at some point.

You shouldn’t have to prove a need to exercise a natural (and constitutional) right.

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