Posts Tagged ‘anti-gun asshattery’

CCDL Rally

The U.S. Second Circuit Court of Appeals on Tuesday will hear oral arguments in the case of Shew vs. Malloy, a legal challenge to the key provisions of Connecticut’s post-Newtown gun control legislation.
After Legislative Defeat, Gun Owners Aim For Election Successes
JENNY WILSON, jenwilson@courant.com

The lawsuit, filed by a coalition of state gun owners, firearms dealers, and gun rights groups, seeks to overturn the assault weapons ban and the 10-round ammunition magazine limit that were enacted in 2013 as part of the legislature’s response to the December 2012 shootings at Sandy Hook Elementary School. Gunman Adam Lanza killed 20 first-graders and six educators using a Bushmaster AR-15 rifle and high capacity ammunition magazines, both of which are illegal under the new law.

The law, which was described at the time of passage as the “toughest in the nation,” was upheld in federal court in Connecticut last January. U.S. District Judge Alfred V. Covello wrote in the decision that “while the act burdens the plaintiffs’ Second Amendment rights, it is substantially related to the important governmental interest of public safety and crime control.”

The plaintiffs immediately appealed the decision. They argue in their complaint that the law is unconstitutionally vague, discriminatory, and infringes upon Second Amendment rights.

Assault weapons and high-capacity magazines are commonly used in both shooting sports and self-defense, and thus subject to Second Amendment protection, the plaintiffs argue.

In a brief filed with the appeals court, the state countered that the law only bans “a small subset of firearms and large-capacity magazines that … are disproportionately selected by criminals for use in gun crime.”

The law’s broadened definition of an assault weapon and new limit on magazine size, the state argues, is related to “an important governmental interest in ending gun violence and death.”

The state argued that the law “leaves more than one thousand alternative firearms and magazines for law-abiding citizens to acquire and possess for self-defense.” Weapons like the AR-15, they argued, “have no utility for legitimate self-defense and are not actually used for such purposes in practice.”

The plaintiffs argue that the law is discriminatory because off-duty police and military personnel are exempt from the assault weapons ban and high-capacity ammunition magazine limit.

The definition of an assault weapon under the act is so vague that it leaves gun owners “without knowledge of what is prohibited,” plaintiffs argue.

Also on Tuesday, the Second Circuit will hear oral arguments in a separate challenge to the sweeping gun control package passed in New York in response to the Newtown massacre.

http://www.courant.com/news/connecticut/hc-gun-lawsuit-advance-20141208-story.html

Control enthusiast Michael Bloomberg trusts himself with a gun he does not trust citizens to possess.
Control enthusiast Michael Bloomberg trusts himself with a gun he does not trust citizens to possess.
Photo by Mario Tama/Getty Images

Nevada Secretary of State Ross Miller has certified that proponents of a Michael Bloomberg-backed 2016 ballot measure on “background checks” have submitted the required number of signatures The Washington Times reported Monday. The assessment comes after a grassroots group opposing the initiative, Nevadans for State Gun Rights, submitted evidence of numerous irregularities and rules violations.

Miller’s December 8 notice of sufficiency to Nevada County Clerks and Registrars of Voters noted receipt of their certificates of results. Based on a tally of “valid signatures” in the state’s four petition districts, he declared “the background check initiative petition sufficient.”

A November 25 letter to Miller signed by Nevadans for State Gun Rights President Don Turner contained three requests for invalidation. The first noted petitions delivered after the required submission date. The second pointed out the lack of required affidavits for each page of signatures submitted, and that it specified the wrong county. The third showed an example of an affidavit signed and dated before all the signatures appearing on it had been obtained.

“There’s plenty of time to challenge the certification,” Turner noted in response to Miller’s decision. “We’re probably going to end up in court.”

The group behind the ballot measure, Nevadans for Background Checks, has been revealed by the state’s registered business site to be an entity established by Bloomberg’s Everytown team, with the same players as were behind the recent billionaire-backed ballot measure in Washington. Gun rights advocate warnings that the outside special interest-financed group is using bait and switch on voters to engineer an incremental gain toward further controls are bolstered by a summary report on gun violence prevention strategies in which Greg Ridgeway, Deputy Director of the National Institute of Justice, concluded “Effectiveness [of background checks] depends on the ability to reduce straw purchasing, requiring gun registration…”

That Bloomberg modus operandi is further confirmed by a Thursday Seattle Times analysis. Backers of the Washington measure are “buoyed” by its passage, the report noted, adding “backers of stricter gun laws will press state lawmakers for additional measures…”

“We have worked to challenge Bloomberg’s ballot initiative at every turn, and now we need your help,” Nevadans for State Gun Rights pleaded in an appeal to gun owners for support. “It is going to take all of us working together to stop this thing. We need to raise funds for our legal challenges and to make sure every Nevadans hears from us before they cast their votes in 2016.”

With the effort getting underway, the gun rights advocacy group has established itself with an internet presence to share information, which in turn can be shared by supportive activists. The main website gives a background on reasons behind their efforts, includes downloadable flyers for explaining facts and spreading the word, and provides for online donations by grassroots activists to offset the massive flow of out-of-state money that Bloomberg will be pouring in. That site is supplemented with a Twitter feed, where the latest news and information will be posted for sharing.

http://www.examiner.com/article/nevada-accepts-bloomberg-gun-control-ballot-measure-despite-irregularities?CID=examiner_alerts_article

WASHINGTON — The Senate could vote by the end of the week on President Obama’s choice for surgeon general, Dr. Vivek H. Murthy, whose nomination the White House pulled back on last spring after intense National Rifle Association opposition.

In what would be one of his final acts as majority leader, Senator Harry Reid, Democrat of Nevada, is leaning toward holding a vote before Congress adjourns, a senior Democratic aide said Monday. When lawmakers return to Washington in January, both the House and Senate will be under Republican control, and Dr. Murthy will stand virtually no chance of confirmation.

Mr. Reid is eager for a resolution to Dr. Murthy’s nomination even though he cannot be assured of the outcome, the aide said, speaking anonymously because no final decision has been made.

The White House is guardedly optimistic that Dr. Murthy would be confirmed if a vote is held now. Since Senate Democrats changed filibuster rules for nominees last year, he would need only a simple majority of 51 senators rather than 60. Dr. Murthy has been pressing his case personally, in private meetings with many of the Democrats who were initially wary of supporting him.

When his nomination became imperiled last winter, the trouble stemmed from difficulty with about 10 reluctant Democrats. But now several of those senators have committed to supporting Dr. Murthy or are no longer expressing skepticism.

Some just lost their seats and are freer to vote without fear of political repercussions. Others represent states where a vote against the National Rifle Association could be politically dangerous and waited until after the elections to take a public stance.

Although the surgeon general’s office has no formal role in overseeing federal firearms policy, gun rights advocates objected to Dr. Murthy’s nomination because of his support for restricting how guns can be purchased and who can own them. Dr. Murthy, an internal medicine physician, has said his concerns about guns stem from his experience in emergency rooms.

The National Rifle Association said Monday that its position had not softened. “Dr. Murthy’s penchant for political activism is deeply troubling,” said a spokesman, Andrew Arulanandam.

Dr. Murthy’s life long anti-gun activism makes him wholly unqualified for the job of surgeon general.

His opinion that firearms are a “public health issue” are misguided at best.

Due to Murthy’s anti-gun activism-he has no business being in a position to impose his own warped view of firearms on the rest of us.

Anyone who votes to confirm this moron needs to be publicly humiliated,and voted out of office-by a recall election if possible.

I already posted a rant about Murthy,back when MSLSD was blaming the NRA for Ebola…

Anti-NRA Ebola Theme Infects Media, Spreads Rapidly

Republicans could challenge Sen. Chuck Schumer's obstacle to funding the firearms disabilities relief program, if they wanted to.
Republicans could challenge Sen. Chuck Schumer’s obstacle to funding the firearms disabilities relief program, if they wanted to.
Photo by Larry Busacca/Getty Images for City Harvest

House and Senate negotiators are nearing a $1.1 trillion spending deal to avert a government shutdown, Politico reported Sunday. Their goal is to file the measure today and bring it to a floor vote by Thursday, when the current funding stops.

Gun Owners of America warned against doing exactly what the Republican leadership is planning in a November 17 alert. Rather than effectively giving current seated Democrats the power to shape the agenda through to next September, GOA instead called on members to generate pressure for a short term continuing resolution, a measure that would keep the government going until the new majority was seated.

It appears that call went unheeded, and the GOP is set to cede much of the control it was elected to exert. That this will work against the interests of those who put them in power, particularly against gun owners, is elaborated on in the GOA alert.

Noting it was largely due to the gun rights vote that Republicans captured the Senate and widened their lead in the House, what will change as a result, if anything, is unclear. If restrictions remain unchallenged, it will recall the many times rules objectionable to gun owners have quietly been allowed to remain in place. Still, there is one change that could be insisted on now, and if it derailed the spending approval process either in a Harry Reid-controlled Senate, or if Barack Obama rejected it, that decision would fall squarely on the Democrats: Congress could, if it wanted to, restore funding to allow for relief of firearms disabilities — or at least it could after January if it passed a short term resolution and left the long term bill for the incoming majority.

Per the Bureau of Alcohol, Tobacco, Firearms and Explosives, “prohibited persons” convicted of state-level offenses can contact their state attorney general to learn their options for civil rights restoration. Federal offenses currently require a presidential pardon, with other lawful options provided for in the Gun Control Act of 1968 closed off due to an appropriations technicality, once implemented due to maneuvering by Sen. Charles Schumer.

“The bill continues anti-gun boilerplate such as the Senator Schumer amendment defunding the McClure-Volkmer disabilities relief program,” GOA warned in January, the last time an appropriations bill was sent to the president. “This means that thousands upon thousands of Americans who are disqualified from owning firearms because of non-violent federal felonies have no way to get their gun rights back.”

Assuming the “Cromnibus” bill will not be stopped, eliminating that “boilerplate” would be the first of many steps Republicans could take to actually earn the trust they have been tentatively extended. If it remains, and if an amendment is not even offered or debated on, gun owners will have a fair indication of what they can continue to expect after January.

http://www.examiner.com/article/gun-disability-relief-funding-ban-could-be-challenged-spending-bill?CID=examiner_alerts_article

GUN.jpg

(AP Photo/Tony Dejak)

New York State’s tough new SAFE Act gun control law has flagged 278 gun owners who could lose their weapons because they have been deemed mentally unstable, a new report shows.

Gov. Andrew Cuomo urged lawmakers to pass the SAFE Act quickly after the 2012 mass shooting at the Sandy Hook elementary school in Newtown, Conn.

The Syracuse Post-Standard reported last week that since the law’s enactment, the state has collected 38,718 names in a database of individuals who have been found at-risk for owning guns by psychiatrists and other health professionals.

The paper said when the database was checked against a list of pistol permit holders in the state, there were 278 matches, less than 1 percent.

Monroe County had the most matches at 36, followed by Westchester, 17, Suffolk, 16 and Dutchess, 14.

The paper said it obtained the county-by-county breakdown from the state in response to a public records law request.

The paper reported that the state does not tally how many individuals in the database have had their permits suspended and guns confiscated. The names in the database are confidential. Judges have to sign off on the suspensions and confiscations, and someone who faces the loss of their permit and weapons can challenge the order.

Cortland County Clerk Elizabeth Larkin told the Post-Standard the police confiscated the guns from a least one permit holder whose name was in the database.

“We had another man who came in and voluntarily handed us his permit and gave his weapons to the police and said, ‘I don’t want them anymore,’” Larkin said.

The size of the database troubles some mental health providers and patient advocates.

“It’s bigger than I thought,” Harvey Rosenthal, executive director of the New York Association of Psychiatric Rehabilition Services in Albany, told the Post-Standard. “It sends a message to those who might need care that there are a lot of people who are going to be in a database.”

Gun control advocates say the number of names in the database is small compared to the size of the state’s population, which is 20 million.

“It only takes one individual to wreak mayhem and tragedy if they have access to a firearm,” Leah Gunn Barrett, of the group New Yorkers Against Gun Violence, said. “These are individuals who, under no circumstances, should have guns.”

http://www.foxnews.com/us/2014/12/07/new-york-safe-act-flags-278-gun-owners-as-mentally-unstable/

Gun control as a “public health” issue-just like Vivek Murthy-Obola’s pick for surgeon general.

When Barack Obama reaches out, it's safe to assume he intends to grab something.
When Barack Obama reaches out, it’s safe to assume he intends to grab something.
Photo by Chip Somodevilla/Getty Images

With the new Senate majority set to take their seats in January, the potential to repeal Obamacare is now within reach. The key to making that happen is the National Rifle Association.

Why should they? Association management only pursues what it calls the “single issue,” political votes directly impacting the right to keep and bear arms, and steers clear of other issues, even those important to a largely conservative membership. And there are many members who find that approach not only defensible, but desirable.

Besides, NRA made a point of claiming responsibility for putting the pressure on to amend the legislation to prevent “disclosure or collection of any information relating to” firearms and ammunition. With that concern sidelined, what’s left for gun owners to worry about?

Plenty, as NRA itself admits, alerting members to “Watch your guns around Obamacare,” which in turn links to a Townhall article by Intellectual Conservative editor Rachel Alexander that in turn cited an Executive Order that clarifies doctors are not prohibited from asking patients about guns.

“If doctors have a patient with PTSD or mental illness, and they fail to ask the patient about their firearms, or report them to law enforcement, they could be on the hook later,” Alexander explains. “It encourages them to err on the side of snooping into their patients’ guns. This is especially troubling considered the definition of mental illness keeps expanding.

“Under Obamacare, federal agencies like the ATF can still pore over health records and determine who has mental issues or PTSD,” Alexander warns. “There is nothing in Obamacare that prohibits another federal agency from compiling a database of gun owners.”

A group already caught in the net is one the political establishment pays “thank you for your service” lip service to, but actually repays by stripping rights without due process: Veterans. Using “justifications” such as “PTSD,” tens of thousands have been added to the “prohibited persons” National Instant Check System database without adjudication, and that in itself raises further concerns.

Even if laws require going beyond a doctor’s say-so and bringing persons suspected of mental disorders before a judge, they are still being denied due process if they can have fundamental rights denied them and be incarcerated without a jury trial. That they may not have committed a “crime” is not the issue. Civil rights and a proper application of Constitutional principles should demand a presumption of “innocence” with all protections in place. And those protections must include an equally-accessible and navigable pathway to restoration of rights when evidence shows disabilities no longer exist.

Having established that, even with supposed “protections” in place, Obamacare is still “anti-gun” and a proper concern for gun rights groups to seek repeal of, the question becomes “How?” Even with the new majority, Republicans will still find themselves 13 votes short of the two-thirds majority needed to override a presidential veto.

That’s where NRA could come in – if Executive Vice President Wayne LaPierre and ILA Executive Director Chris Cox wanted it to, or could be persuaded to follow through on. NRA political grades are a powerful tool the politicians in all but incontestable “blue states” vie for, and there are so-called “pro-gun Democrats” in states like Montana who are dependent on them to retain their seats. Even those currently rated lower than an “A” would have powerful incentives not to go into their next election with a markedly lower rating than their challenger. It may even take only one or two “defections” to act like a crack in the dam, convincing balkers that their political fortunes are best served by opposing an administration centerpiece that Americans are increasingly rejecting, with approval at “a new numerical low” providing additional cover for crossing party lines.

The question now becomes whether gun owners in general and NRA members in particular want this to happen. Because unless a sufficient number are informed and insistent to the point of taking real action to demand repeal of the anti-gun Obamacare mandate, nothing will change.

But it might not work? Does that mean America’s gun owners should make failure a certainty by not even lifting a finger to try?

http://www.examiner.com/article/if-gun-owners-demanded-it-nra-could-lead-repeal-of-obamacare?CID=examiner_alerts_article

HARRISBURG, Pa. (AP) — Pennsylvania Attorney General Kathleen Kane is leaving it to the governor’s office to defend a lawsuit challenging a law backed by the National Rifle Association that was designed to dismantle illegal municipal firearms ordinances, officials said Friday.

A spokesman for Gov. Tom Corbett said the governor’s legal office will defend the law against the challenge led by Philadelphia, Pittsburgh and Lancaster. Kane’s office sent word earlier in the week that she would not take the case.

Corbett, a Republican who opposes new forms of gun control, signed the law last month. The law widens the ability of the NRA or gun owners to successfully sue over municipal firearms ordinances.

“We can find no legitimate reason for the attorney general to decline to defend the commonwealth in this case,” said Corbett’s spokesman, Jay Pagni.

Kane’s office said only that it was more efficient and in the best interest of Pennsylvania for the governor’s lawyers to defend the law. Last year, Kane, a Democrat, refused to defend Pennsylvania’s law banning the recognition of same-sex marriage against a federal lawsuit. Corbett’s office unsuccessfully defended the law, and it was struck down in May.

The firearms law takes effect in early January, and opponents fear it will unleash a wave of expensive lawsuits against dozens of cities and towns that have sought to curb gun violence but bumped up against a Legislature that has resisted new gun control measures.

Corbett leaves office Jan. 20 after losing last month’s election, and he will be replaced by Democrat Tom Wolf, whose campaign said in October that Wolf opposed the idea of allowing “outside organizations to sue towns and cities that enact local ordinances.”

http://finance.yahoo.com/news/kane-wont-defend-nra-backed-195336844.html

Defying the recently-passed Washington State Initiative 594 requiring background checks on gun sales, videographer and citizen journalist “LaughingAtLiberals” and an unidentified accomplice made a point of defying the law as soon as it became effective Thursday. To document the sale, the transaction was recorded and posted on You Tube.

Video claims it shows violation of Washington State's new "background check " mandate within seconds of the law taking effect.

Screenshot: LaughingAtLiberals

The new law, which took effect at midnight, was heavily backed by Michael Bloomberg’s “Everytown” effort, with additional financing from billionaires like Microsoft’s Bill Gates. In spite of campaign rhetoric that such measures are supported by 90 percent of the populace, even a solid “blue state” like Washington, where a massively-funded campaign war chest and resultant advertising dwarfed opposition financing, only passed the initiative with just under 60 percent of the vote.

“Washington’s I594 is now in effect, but LAL doesn’t care, as he commits a blatant violation of the new law by not conducting a background check to transfer a firearm,” the video description explains. It begins at 11:50 p.m. Wednesday, seconds before the initiative becomes enforceable law.

At 12:00 a.m., “LAL” announces it is December 4, 2014, He then proceeds to explain that he is in Vancouver, and about to become the first citizen to violate the new law by “purchas[ing] a gun from a buddy of mine without going through the background check.”

Further explaining he and the seller are not exempt from background check requirements, the physical transfer of a “Glock Model 22” for “a wad of cash” is then completed. What’s not clear is if there is anything authorities can do about it.

Enough advance care has been placed into what would be shown and admitted to on camera to make pinning an actual violation of law on specific individuals problematic, if not impossible. That said, the purpose of the video appears to be not to test the law in court, but to demonstrate how it is utterly useless at preventing “undocumented” transfers.

Showing they can be done without repercussions as a staged act of civil disobedience demonstrates that the entire justification behind I-594, “making sure that firearms don’t get into the hands of dangerous people who shouldn’t have them,” is a premise unsupported by reality. An edict that won’t stop peaceable rights advocates from making a point is hardly likely to deter predatory criminals from making victims.

Those behind the effort in Washington, who are now relentlessly attempting to finance and impose similar decrees in states like Nevada and beyond, are well aware of that. As such, it makes their true motives an important and legitimate subject for unbiased media inquiry and investigation.

http://www.examiner.com/article/activists-defy-new-washington-gun-law-to-demonstrate-its-unenforceability?CID=examiner_alerts_article

Michael Bloomberg

WASHINGTON — Fresh off a string of election victories, former New York City mayor Michael Bloomberg’s gun-control group is gearing up for a “significant” legislative push in more than a dozen states to curb gun violence, its leaders say.

First up: Nevada, where election officials could certify this week that the group and its allies have collected enough signatures for a 2016 ballot initiative that would impose stricter background checks on people buying firearms from private sellers and at gun shows. Bloomberg’s Everytown for Gun Safety also is weighing similar background-check initiatives in Arizona and Maine.

It also plans to back legislation in several states that would either expand background checks for gun purchasers, remove guns from the hands of domestic abusers or give family members the power to seek court orders to temporarily confiscate firearms from people they fear may commit gun violence — modeled on a “gun-violence restraining order” law signed by California Gov. Jerry Brown earlier this fall following a shooting rampage in Santa Barbara.

The California law, the first of its kind, is one of a slew of little-noticed victories gun-control groups have scored at the state level — even as Congress has rebuffed expanding background checks on all commercial sales of guns or restrictions on high-capacity magazines.

Six states have enacted measures that make it harder for people convicted of domestic violence to have firearms. In Colorado last month, two legislative seats lost in the state’s historic 2013 recall election over the state’s stricter gun-control laws moved back to Democratic control. One of the victors, Michael Merrifield, once worked for a Bloomberg gun-control group.

On Thursday, meanwhile, a voter initiative that expanded background checks in Washington state will take effect — joining six other states and the District of Columbia that require background checks on all firearm sales, according to the National Conference of State Legislatures.

The successes come as the second anniversary of the Dec. 14, 2012, mass shooting at a Newtown, Conn., elementary school approaches. The massacre left 20 schoolchildren and six educators dead and sparked a national debate about gun laws.

“This is a huge amount of movement in two years on an issue where Republicans and Democrats ran for the hills for more than a decade,” said John Feinblatt, president of Everytown for Gun Safety. “We’re going to build on the successes of 2014 and do more.”

http://www.usatoday.com/story/news/politics/2014/12/02/bloomberg-plans-gun-control-push-in-states/19785161/

WOW ! Common sense prevails in the virulently anti-gun state of New Jersey?

New Jersey’s “Smart Gun” law, enacted in 2002, seeks to mandate the sale and manufacture of only “smart gun” technology in the Garden State.  When such technology, as defined by the law, is made commercially available in any state, this law is triggered and “smart guns” will be the only handguns allowed for retail sale in New Jersey.

The New Jersey Attorney General issued a report to the Governor and the state Legislature relating to the Armatix iP1, a .22 caliber ten-round handgun, completely ineffective for self-defense use.  In this report, the Armatix iP1 is determined to not satisfy the statutory definition of a “smart gun” and therefore the smart gun law is not triggered.

This report stipulates that the Armatix iP1 is capable of being fired by a person who is not an authorized or recognized user as long as they are within ten inches of the activation watch.  New Jersey gun owners can breathe a sigh of relief that inadequate and unreliable systems will not be forced upon them should the Armatix iP1 become commercially available.

http://www.nraila.org/legislation/state-legislation/2014/12/new-jersey-attorney-general-issues-report-that-smart-gun-law-is-not-triggered.aspx