Archive for the ‘gun laws’ Category

Today at a public signing ceremony, Governor John Kasich (R) signed into law House Bill 234, comprehensive pro-gun reform legislation.  HB 234 will take effect in ninety days.

While originally a bill allowing for the use of suppressors while hunting, the Senate Civil Justice Committee added many other pro-gun provisions to HB 234.  HB 234 then passed in the Ohio Senate by a 24 to 6 vote on December 9, and was concurred by the state House of Representatives by a 72 to 21 vote on December 10.

HB 234 makes a number of positive changes to Ohio’s firearm laws.  HB 234, as signed into law:

  • Improves the concealed handgun license process by (1) reducing the number of training hours required from 12 to 8 hours, (2) eliminating minimum length-of-residency requirements, (3) allowing non-residents who work in Ohio to apply for a CHL in the county or adjacent county in which they work, and (4) makes special provisions for members of the military who have been honorably discharged or retired, extending their competency certification from six years to ten years after honorable discharge or retirement.
  • Expands concealed carry reciprocity to visitors and persons temporarily in Ohio who have valid out-of-state licenses, regardless of whether the license-issuing state has entered into a reciprocity agreement with Ohio.
  • Repeals the prohibition on Ohio citizens buying and/or selling long guns or ammunition from only the five contiguous states of Indiana, Kentucky, Michigan, Pennsylvania and West Virginia.  Citizens of Ohio can now purchase and/or sell rifles and shotguns in any state as long as the firearm laws in both states are obeyed.
  • Includes a “shall certify” provision which requires a chief law enforcement officer (CLEO) to sign off on an application to transfer an item regulated by the National Firearms Act, once the application procedure and requirements are met.  This provision eliminates personal bias towards NFA-related items, requiring CLEOs to sign off and process the application in the same way they do a concealed handgun license.
  • Allows for the use of firearm sound suppressors while hunting in the Buckeye State.
  • Brings Ohio’s definition of “automatic firearm” in line with the federal definition, limiting it to only any firearm designed or adapted to fire a succession of cartridges with a single function of the trigger.

Your NRA thanks you for your active involvement in the passage and enactment of HB 234, as well as the state legislators who voted for its passage.  We also thank Governor Kasich for signing this important pro-gun reform into law.

http://www.nraila.org/legislation/state-legislation/2014/12/ohio-comprehensive-pro-gun-reform-legislation-signed-into-law-today.aspx

COLUMBUS — In the few weeks remaining in the legislative session, lawmakers may send Gov. John Kasich a bill eliminating the legal duty of Ohioans to retreat from danger before using deadly force to protect themselves.

“A person facing a life-threatening situation should not have a duty to flee and hope for the best,” Rep. Terry Johnson (R., McDermott) told the Senate Civil Justice Committee weighing his bill containing numerous changes to Ohio gun laws.

“They should have the right to protect themselves and protect their loved ones.”

House Bill 203 passed the House nearly a year ago by a bipartisan vote of 63-27. It has drawn comparisons with Florida’s controversial “Stand Your Ground” law.

Florida’s law was tried in the court of public opinion but not in the actual courtroom when George Zimmerman was accused but acquitted in the 2012 shooting of unarmed teen Trayvon Martin.

But Dr. Johnson noted that Ohioans in such situations would still have to show they acted in self-defense and did nothing to escalate the danger. Under Florida’s law, the prosecutor bears the burden of proving the shooter did not act in self-defense.

“Ohio is one of the toughest states in the union to prove self-defense,” Dr. Johnson said. “In other states you don’t have nearly that barrier to get across.”

In a victory for gun owners who simply seek medical care, not political philosophy, from their doctors, the U.S. Court of Appeals for the Eleventh Circuit has upheld the NRA-supported Florida’s Firearm Owner’s Privacy Act. This law was passed after an escalating series of events in which patients were harassed or denied access to services because they refused to be interrogated by their doctors about their ownership of firearms. The case, Wollschlaeger v. Governor of Florida, vindicated Florida’s attempt to protect patients from being forced to divulge personal information that is irrelevant to their own medical treatment.

In challenging the law, Dr. Wollschlaeger and the other plaintiffs insisted they had a First Amendment right to routinely grill patients on their choices concerning firearm ownership, without regard to any good faith belief such information was relevant to the patient’s individual case. They also alleged the law’s proscriptions were unconstitutionally vague.

The Court of Appeals rejected these claims.  “The essence of the Act,” the court’s opinion stated, “is simple: medical practitioners should not record information or inquire about patients’ firearm-ownership status when doing so is not necessary to providing the patient with good medical care.” Accordingly, the court determined that “[t]he Act merely circumscribes the unnecessary collection of patient information on one of many potential sensitive topics.”

As the court noted, nothing in the Florida law prohibits doctors from expressing their views about firearms or about any other medical or public policy issue. Rather, the law is within keeping of long-established “codes of conduct that define the practice of good medicine and affirm the responsibility that physicians bear” and “protects a patient’s ability to receive effective medical treatment without compromising the patient’s privacy with regard to matters unrelated to healthcare.”

http://www.nraila.org/legal/articles/2014/eleventh-circuit-upholds-florida-patient-privacy-law.aspx

“…Magazine manufacturer Magpul has left Colorado as a result (although not before equipping Coloradans with tens of thousands of the soon-to-be-banned magazines–many of them for free–just before the law went into effect), taking their tax revenue and good jobs with them. But the political fallout went much further than that. State Senator John Morse (D), who as Senate President spearheaded the law, and Senator Angela Giron (D), became the first (and so far, the only) two Colorado senators to be kicked out of office on a recall vote (actually, the first two to have even faced a serious recall effort), despite an enormous funding advantage, courtesy of gun-hating billionaire and aspiring King of the Galaxy Michael Bloomberg. Then, when faced with her own recall vote–again because of her part in passing the magazine ban–Senator Evie Hudak (D) resigned her senate seat, so that, as per Colorado law, she would be replaced by a new senator from her own party, rather than lose the recall election to a Republican, thus shifting control of the senate.

The political fallout for Governor John Hickenlooper (D) has also been severe, to the point of causing him to flip-flop and waffle chaotically with regard to the ban–prompting the superbly ironic “Hickenlooper Blues” (do not cheat yourself out of the opportunity to watch the video).”

“According to the breathless “reporting” of CBS Denver’s Brian Maass, Colorado gun shops have found a couple methods of legally providing buyers with the ability to equip themselves with 30-round magazines. One way to do it is using parts kits:

In Colorado Springs at Old Colorado City Surplus, an Army Surplus store, a CBS4 producer bought two brand-new high capacity magazine “kits.”

The kits consist of the magazine hardware and a spring that needs to be inserted to make the unit operational.

The clerk opened the package, put it together in 24 seconds and sold CBS4 the 30 round magazine for $25.

According to the clerk, the kits are “selling really, really fast.” Another method is to sell 30-round magazines that have been modified in such a way as to limit their capacity to 15, but the modification is easily reversed by the buyer:”

“Restoring the magazine back to its standard, designed capacity of 30 rounds is as easy as popping a rivet out. This, of course, is without even delving into 3-D printed magazines. A magazines is, after all, little more than a box with a spring inside–it hardly requires a sophisticated factory to produce.

The CBS crew seems unconcerned about any prosecution they might face for possessing “illegal” magazines–perhaps they have secured for themselves the hallowed “David Gregory exemption” to onerous magazine bans.”

http://www.examiner.com/article/a-little-ingenuity-renders-colorado-high-capacity-magazine-ban-toothless

Attorney General Eric Holder and ATF Director B. Todd Jones have been named defendants in a lawsuit seeking to overturn the federal machine gun ban.
Attorney General Eric Holder and ATF Director B. Todd Jones have been named defendants in a lawsuit seeking to overturn the federal machine gun ban.
Photo by Brendan Smialowski/Getty Images

A complaint for declarative and injunctive relief was filed Thursday in the United States District Court for the Northern District of Texas Dallas Division. Plaintiff Jay Aubrey Isaac Hollis, acting individually and as trustee of a revocable living trust, is suing Attorney General Eric H. Holder, Jr. and Bureau of Alcohol, Tobacco, Firearms and Explosives Director B. Todd Jones in their official capacities for administering, executing and enforcing “statutory and regulatory provisions [that] generally act as an unlawful de facto ban on the transfer or possession of a machine gun manufactured after May 19, 1986.

“By imposing such a ban on an entire class of weapons, the statutes and regulations exceed the power of the United States,” the complaint states. It makes its case by citing violations of Article I of the United States Constitution, the Second, Ninth and Tenth Amendments, and “principles of federalism and dual sovereignty.

“[B]y arbitrarily ‘disapproving’ an already approved Form 1, Defendants’ actions violate Plaintiff’s Fifth Amendment right to due process and is an unjust taking; and violate the Equal Protection clause of the Fourteenth Amendment,” the complaint continues. “Plaintiff seeks declaratory and injunctive relief against … unconstitutional provisions … declaring the ban on machine guns unconstitutional … and declaratory and injunctive relief prohibiting Defendants from unjustly taking property without Due Process.

http://www.examiner.com/article/lawsuit-challenges-federal-machine-gun-ban?CID=examiner_alerts_article

A variety of gun bills are being shot out at the statehouse, all of them ready to be debated by lawmakers after the election next Tuesday.

Mike Weinman from the Ohio Fraternal Order of Police says law enforcement dislikes many of the proposed gun bills, beginning with an Ohio version of Stand Your Ground.

“You’re going to have questions come up in your head when you’re reading these bills so ask those questions,” said Weinman.  “What you don’t want is lethal force being the first and only force being used and that’s pretty much the fear in stand your ground laws.”

Stand Your Ground is just one of 14 bills – at last count – that would expand access to guns in Ohio.

One bill would eliminate most requirements for carrying a concealed weapon, while another would allow guns in the classroom.  A third would recognize concealed carry permits from other states.

“We shouldn’t have the legislature in the state of Indiana determining who carries a gun in Ohio,” said Weinman.

But Ken Hanson from the Buckeye Firearms Association says all of this worry is overblown.

“My goodness when we changed carry in the car, people were going to be twirling guns on their fingers,” said Hanson.  “Well we can carry guns in restaurants and now people will be drinking beers and shooting each other. None of it every comes true.”

Hanson says despite objections from the Fraternal Order of Police, each gun bill will have its day at the statehouse.

“I’ve called it an embarrassment of riches. we have a lot of gun bills,” said Hanson.

http://www.10tv.com/content/stories/2014/10/27/columbus-ohio-over-a-dozen-gun-bills-await-lawmakers-after-election.html

Mark Kelly,not only is he using his injured wife-former congress woman Gabby Giffords- as a stage prop,he is lying on national TV…

“Mark Kelly lied on national television about how many such transactions occur without a background check.  Asked by CNN, Kelly said (at 3:30 in the video), “right now 60 percent of all gun sales go–occur–with a background check.  Why do we allow the 40 percent, the other 40 percent, to happen?” ”

Shannon watts from moms demand action,Obama,and Bloomberg all repeat this same lie.

Even the left-leaning Washington Post gives that claim 3 pinocchios.

Kelly,Bloomberg,and Bill gates are trying to buy a gun control law in Washington state…

“However, what Kelly, Giffords, Bloomberg, Watts and Obama are trying to do is not a joking matter.  They are trying to deceive the public into supporting something that they know couldn’t possibly prevent criminals from getting guns, but that could pave the way for worse gun control restrictions in the future.”

http://www.nraila.org/news-issues/articles/2014/10/mark-kelly-lies-about-gun-sales-before-i-594-vote.aspx

And Then They Came For The Bolt-Actions

Posted: September 19, 2014 by gamegetterII in firearms, gun laws, hunting
Tags: , ,

The anti-gun zealots are doing exactly what many of us predicted they would do,going after bolt-action hunting rifles,calling them “sniper rifles”,and claiming owners of these rifles are insurrectionists or terrorists-or both…

“You can find them in every gun store in even the most restrictive states in the nation, and with good reason; bolt-action rifles are among the most ubiquitous rifles in the United States, and have been in deer camps and military arsenals in the United States since the Palmer carbine was used in the U.S. Civil War.

Now two separate gun control groups are attempting to restrict access to them.”

“Now both the National Gun Victims Action Council (NGVAC) and Cease Fire PA are calling for additional restrictions for bolt-action rifles.”

Elliot Fineman, the histrionics-prone CEO of NGVAC, has dubbed the most technologically advanced bolt-action rifle in the world, the TrackingPoint PGF (Precision-Guided Firearm), a firearm suitable only for terrorists:

http://bearingarms.com/came-bolt-actions/?utm_source=thdaily&utm_medium=email&utm_campaign=nl

Just to make it an official anti-gun display of histrionic idiocy,it comes complete with a claim that’s an outright lie,proven to be a lie in under 3 minutes of research online.

“Police say a gunman used a .308-caliber rifle to shoot two state troopers, one fatally, on Friday.

Today, Cease Fire PA called for tougher background checks on weapons just like it in the capitol rotunda. The group, made up of mayors and activists from across the Commonwealth, called for expanded background checks on people buying long guns, such as rifles and shot guns.

Cease Fire says FBI figures show the number of murders committed with long guns has doubled since 1996.”

“According to the FBI, long guns accounted for 622 murders in 2012 (322 rifles, 303 shotguns), and 1,205 in 1996 (532 rifles, 673 shotguns, according to Table 20). The number of people murdered with long guns hasn’t doubled… it has roughly halved.”

From David Codrea via Florida carry
FIREARMS SAFETY COUNSELING REPRESENTATION: PHYSICIAN QUALIFICATIONS AND LIABILITY
 
Part One: Qualifications
I affirm that I am certified to offer (Name of Patient: ), herineafter referred to as “the Patient”, qualified advice about firearms safety in the home, having received: Specify Course(s) of Study:  _________________________________________________________________________ from: Specify Institution(s)  _________________________________________________________________________ on: Specify Course Completion Date(s):  _________________________________________________________________________ resulting in: Specify Accreditation(s), Certification(s), License(s) etc.:  _________________________________________________________________________  _________________________________________________________________________
Check one, as appropriate:
 ___
I represent that I have reviewed applicable scientific literature pertaining to defensive gun use and beneficial results of private firearms ownership. I further represent that I have reviewed all other relevant home safety issues with the Patient, including those relating to electricity, drains, disposals, compactors, garage doors, driveway safety, pool safety, pool fence codes and special locks for pool gates, auto safety, gas, broken glass, stored cleaning chemicals, buckets, toilets, sharp objects, garden tools, home tools, power tools, lawnmowers, lawn chemicals, scissors, needles, forks, knives, etc. I also acknowledge, by receiving this document, I have been made aware that, in his inaugural address before the American Medical Association on June 20, 2001, new president Richard Corlin, MD, admitted “What we don’t know about violence and guns is literally killing us…researchers do not have the data to tell how kids get guns, if trigger locks work, what the warning signs of violence in schools and at the workplace are and other critical questions due to lack of research funding.” (UPI). In spite of this admission, I represent that I have sufficient data and expertise to provide expert and clinically sound advice to patients regarding firearms in the home.
OR 
  ___
I am knowingly engaging in Home/Firearms Safety Counseling without certification, license or formal training in Risk Management, and; I have
not
 reviewed applicable scientific literature pertaining to defensive gun use and beneficial results of private firearms ownership.
 
Part Two: Liability
I have determined, from a review of my medical malpractice insurance, that if I engage in an activity for which I am not certified, such as Firearms Safety Counseling, the carrier (check one, as appropriate):  ___ will  ___ will not cover lawsuits resulting from neglect, lack of qualification, etc. Insurance Carrier name, address and policy number insuring me for firearms safety expertise:  _________________________________________________________________________
I further warrant that, should the Patient follow my firearm safety counseling and remove from the home and/or disable firearms with trigger locks or other mechanisms, and if the patient or a family member, friend or visitor is subsequently injured or killed as a result of said removal or disabling, that my malpractice insurance and/or personal assets will cover all actual and punitive damages resulting from a lawsuit initiated by the patient, the patient’s legal reprerentative, or the patient’s survivors.
Signature of attesting physician and date: __________________________________________________ Name of attesting physician (please print):__________________________________________________ Signature of patient and date: ____________________________________________________________ Name of patient (please print):____________________________________________________________
Patient:
 Indicate if physician “REFUSED TO SIGN.” Have physician place a copy in your chart/medical record

“The Brady Center to Prevent Gun Violence is filing a lawsuit against online retailers that allegedly sold ammunition to James Holmes, the suspect accused of the Aurora theater killings.”

“The lawsuit alleges that the websites negligently supplied Holmes with the arsenal he used to kill 12 people and wound at least 58 others by failing to use any screening mechanism to determine his identity or intent for the products,”

Let’s see-what possible intent does anyone have when they buy ammo?
Wow-they are going to shoot said ammo out of a firearm of whatever caliber ammo they purchased.
What kind of idiotic lawyer would even bother to file such nonsense?
The Brady bunch should be fined for filing frivolous lawsuits,have to pay for the attorney fees for the ammo companies,have to pay all court costs,and have to purchase full page ads in every major newspaper admitting that they filed such an idiotic lawsuit,along with 60 second TV and radio ads stating the same thing.
Freakin’ morons. I can see what they are trying to do-they want to make mandatory background checks for ammo purchases.
Even Commiefornia refused to allow such a bill to pass.

Here’s the article about said nonsense-read it if you can do so without either puking, tossing your laptop across the room, or throwing the monitor for your desktop computer on the floor…