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gun rights and Local NewsJeff Soyer on 28 Mar 2014 01:46 am

From the Concord Monitor:

Senators passed a bill yesterday that creates a process for people to annul their mental health records and remove their names from a national gun background-check system. The vote was 17-7, with four Democrats joining Republicans after several attempts to table the bill.

[ . . . ]

Under the bill, anyone can file a petition with the court to annul their mental health records after termination of mandated guardianship, or after the expiration of an involuntary treatment or mandatory commitment order. A judge must grant the petition unless there is “clear and convincing” evidence that the person’s mental state still poses a likelihood of danger to himself and others or might harm the public interest.

The bill still has a long way to go, including through the House, where passage is uncertain, and — of course — finally to (D) Gov. Hassan.

gun rightsJeff Soyer on 23 Mar 2014 03:18 am

It ain’t over till it’s over, but — pending full court or SCOTUS rulings — there’s a trend coming (who’d a thunk it?) from the 9th Circuit:

Forcing citizens to prove to the government why they should be allowed to gain a carry permit is a process called “may issue.” With a may issue rule, government puts the onus on citizens to prove that they should be allowed to observe their Second Amendment rights. The Ninth Circuit essentially informed the California county that it must institute a “shall issue” rule, one that assumes the citizen is eligible for a permit unless government can prove otherwise.

This same rule has now been struck down for Hawaii and by the same Circuit Court.

With the case Baker v. Kealoha (9th Cir. Mar. 20, 2014), the Ninth Circuit ruled that Hawaii’s restrictions were just like San Diego County’s and the rules would have to be reworked to conform to earlier court decisions.

gun rightsJeff Soyer on 10 Mar 2014 05:18 am

Here’s how the local TV station covered it — fairly:

gun rights and Local NewsJeff Soyer on 05 Mar 2014 11:04 am

Now, more than ever:

Opposing all proposed anti-gun and ammunition legislation in Montpelier on the steps of the State House.

12:00 noon to 3:00 pm on Sunday, March 9, 2014

More at the Gun Owners of Vermont link above.

This is more important than ever, given that the City of Burlington just passed three anti-gun ordinances which the state legislature will have to vote on to approve or strike down.

gun rightsJeff Soyer on 18 Feb 2014 04:56 am

From NRO:

Let me close by countering Mr. Frum’s hypothesis with one of my own: “The people who most want to carry are those who most clearly understand their responsibilities to their families, their friends, and their fellow man.” They understand there is a difference between the protectors and the protected, and they don’t want to place their lives in the state’s hands.

Read the whole thing.

gun rightsJeff Soyer on 13 Feb 2014 04:49 pm

From WaPo:

The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public.

California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have “good cause,” which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in a 2-1 opinion written by Judge O’Scannlain, ruled that Peruta was entitled to Summary Judgement, because the “good cause” provision violates the Second Amendment.

More here and here.

This certainly has ramifications for gun holders in “may issue” states such as NY and NJ.

gun rightsJeff Soyer on 30 Jan 2014 03:42 am

From the Coloradoan:

“My point-of-view is to restore the constitutional rights to the people of Castle Rock,” said Mayor Paul Donahue, who supported the new policy.

The council voted 4-3 to repeal the ban during a late-night meeting. . . . The new law will take effect Feb. 27.

Open carry will be legal in public buildings and parks, too.

gun rightsJeff Soyer on 15 Jan 2014 08:01 am

At the usually liberal Slate, a moderate response to a Dear Prudence inquiry from a woman who looked up her child’s Nanny’s Facebook page and discovered that the Nanny (actually a professional baby sitter) likes guns. Needless to say, she wants to know if she should tell the sitter’s employer, not use the sitter, etc. And, yes, it would make more sense for you to just read her question (it’s the second item — below the first question and picture) here at the site.

Anyway, here was Prudence’s reply:

As you note, guns are legal. This young woman apparently used them in a sporting context and became interested in pursuing this through legal channels. She sounds like the kind of responsible gun owner that we want. You do not report that on her Facebook page she said anything alarming about, for example, the need to have firearms on her person at all times. If you go ahead and have her babysit for your child, presumably she does this at your home, where there are no guns. Sure, you could say to her that a couple of rules of your home are that babysitters don’t bring in any other people to keep them company, nor have any firearms on them. But think about how weird that last remark will sound in the absence of any reason to think the babysitter is packing. Your letter is not just about the Second Amendment, but about the consequences of posting for the world to see every adventure in one’s social life. If I were considering her as a babysitter, nothing you’ve found would concern me. But if you don’t want her to babysit for your child, then don’t ask her. As for her place of employment, keep your Facebook explorations to yourself.

Not a perfect response, but considering it’s Slate, not bad.

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.


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.

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