Posts Tagged ‘Gun Rights’

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

Gun rights, even in New Jersey

Posted: December 2, 2014 by gamegetterII in gun rights
Tags: , ,

I blogged in April about In the Matter of the Application by Michael McGovern, which offers some interesting (though non-precedential) views on New Jersey gun law. As I noted then, New Jersey requires a license to buy a handgun, and allows sheriffs to deny such licenses if the person was not of “good character and good repute in the community” or “where the issuance would not be in the interest of the public health, safety or welfare.” There is, however, an appellate review process.

Michael McGovern was denied a license, for several reasons. First, the Jersey City Police Department requires applicants to fill out extra forms, beyond those required by state law; McGovern refused to fill them out, arguing that state law didn’t authorize them.

Second, the trial court reviewing the department’s denial took the view that such uncooperativeness showed a lack of “good repute within the community.”

Third, the police department discovered that McGovern had a few arrests in Florida 10 years earlier, for petty theft, resisting arrest, and failures to appear in court or pay a fine for possession of an alcoholic beverage while under 21; it did not find any conviction record, but demanded that McGovern give further details on the incidents, and provide court records from the Florida courts. “There are no final dispositions listed for these offenses. You will have to get certified dispositions from the Courts involved as to the outcome of these charges. This department also has a concern over your actions during the incidents.” McGovern refused to provide these items.

Fourth, the government argued that McGovern acted wrongly by “surreptitiously record[ing] a conversation” with the police detective who was dealing with the case (though the trial court did not expressly rely on this justification).

The appellate court ruled in McGovern’s favor, for reasons I’ll mention shortly. But for now, I wanted to blog this photograph, which Mr. McGovern was kind enough to send me:

“I’m off to the range to break in my HK45c,” writes Mr. McGovern, and asks me to thank his appellate counsel Louis Nappen of The Nappen Law Firm, as well as Louie (Luigi) DeCecco of Louie G’s Outdoors.

In any event, here’s what the Appellate Division held back in April, and what led to the final success in November:

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/01/gun-rights-even-in-new-jersey/

NRA…

Tomorrow, December 3, the Ohio Senate Civil Justice Committee will hold additional testimony hearings on House Bill 234 and Senate Bill 338 with the possibility of a vote on them.

HB 234, sponsored by state Representative Cheryl Grossman (R-23), would revise state law to allow a person to use a firearm sound suppressor while hunting in the Buckeye State.  Currently, more than half of the states across the country permit hunters to use suppressors while hunting.  There are numerous benefits to hunting with suppressed firearms, including:

  • Elimination of noise complaints frequently used as an excuse to close hunting lands throughout the country, resulting in the protection of hunting areas well into the future.
  • Reduction of recoil and muzzle rise resulting in increased accuracy of hunters.  More accurate shooting in the field means fewer wounded and lost animals, good for both hunters and wildlife.
  • Reduction in muzzle report to hearing-safe levels, limiting the risk that the hunter or anyone with the hunter will suffer permanent hearing loss if they fail to use hearing protection.

SB 338, introduced by state Senator Joe Uecker (R-14), makes improvements to Ohio’s current concealed carry laws, including:

  • Closing a public property loophole in state law by preventing persons or entities leasing certain government property from banning concealed handguns from the premises.
  • Reducing the number of training hours required to obtain a concealed carry permit from 12 hours to 8 hours and eliminate the two-hour minimum live-fire training requirement.
  • Allowing investigators in the Attorney General’s office to carry a concealed weapon while investigating nursing homes, residential care facilities, long-term care facilities, Medicaid programs, and patient abuse or neglect violations.

The Senate Civil Justice Committee hearing on these important pro-gun bills will take place tomorrow at 9:45 a.m. in the North Hearing Room of the state Capitol.  Using the contact information provided below, please call and e-mail members of this Senate committee today and urge them to support HB 234 and SB 338.

Senate Civil Justice Committee:

Senator Bill Coley (R-4), Chairman
(614) 466-8072
E-mail

Senator Larry Obhof (R-22), Vice Chairman
(614) 466-7505
E-mail

Senator Kevin Bacon (R-3)
(614) 466-8064
E-mail

Senator Edna Brown (D-11)
(614) 466-5204
E-mail

Senator John Eklund (R-18)
(614) 644-7718
E-mail

Senator Eric Kearney (D-9)
(614) 466-5980
E-mail

Senator Scott Oelslager (R-29)
(614) 466-0626
E-mail

Senator Bill Seitz (R-8)
(614) 466-8068
E-mail

Senator Michael Skindell (D-23)
(614) 466-5123
E-mail

Senator Joe Uecker (R-17)
(614) 466-8082
E-mail

BOSTON — Jaime Caetano was beaten so seriously by her former boyfriend that she ended up in the hospital. So when a friend offered her a stun gun to protect herself, she took it.

Caetano, who is homeless, never had to use it but she now finds herself at the center of a Second Amendment case headed to the highest court in Massachusetts.

The Supreme Judicial Court is being asked to decide whether a state law that prohibits private citizens from possessing stun guns infringes on their right to keep and bear arms. In an unusual twist, the court is also being asked to examine whether the Second Amendment right to defend yourself in your own home applies in the case of a homeless person.

Police found Caetano’s stun gun in her purse during a shoplifting investigation at a supermarket in 2011. She told police she needed it to defend herself against her ex-boyfriend, against whom she had obtained multiple restraining orders.

During her trial, Caetano, 32, testified that her ex-boyfriend repeatedly came to her workplace and threatened her. One night, she showed him the stun gun and he “got scared and left me alone,” she said.

She was found guilty of violating the state law that bans private possession of stun guns, devices that deliver an electric shock when pressed against an attacker.

In her appeal, her lawyer, Benjamin Keehn, argues that a stun gun falls within the meaning of “arms” under the Second Amendment. Keehn wrote in a legal brief that the state’s ban “cannot be squared with the fundamental right to keep and bear arms.” He also argues that self-defense outside the home is part of the core right provided by the Second Amendment.

Massachusetts is one of five states that ban stun guns and Tasers for private citizens, said Eugene Volokh, a constitutional-law professor at UCLA who has written extensively about Second Amendment issues. The devices are used by law-enforcement agencies around the country.

http://seattletimes.com/html/nationworld/2025125177_stungunxml.html

Today, November 26, California Attorney General (AG) Kamala Harris filed a request for en banc review of the Ninth Circuit’s denial of her request to intervene in the NRA supported case of Peruta v. San Diego, which produced a landmark decision striking down as a violation of the Second Amendment San Diego County Sheriff William Gore’s policy of refusing to issue licenses to carry firearms in public unless an applicant could demonstrate a special need for one.

The AG’s latest request comes after the Court denied the AG’s and several gun ban advocacy groups’ requests to join the case once they learned Sheriff Gore had decided not to further appeal the case.  The anti-gun rights groups have also filed a similar request for en banc review of the Ninth Circuit’s denial of their requests to intervene in the case.

If Harris is successful in overturning the Court’s order and is allowed to intervene in the Peruta case, all Ninth Circuit judges will then vote on whether to re-hear the Peruta case itself before an 11 judge en banc panel. If they decide to do so, the panel will either uphold the current decision supporting the Second Amendment or overturn it. The court could, however, simply vote not to rehear the case, thereby allowing the three-judge panel decision to stand.

http://www.nraila.org/legislation/state-legislation/2014/11/california-attorney-general-seeks-en-banc-review-of-ninth-circuit%E2%80%99s-denial-of-her-request-to-intervene-in-peruta-case.aspx

“President Obama’s action is personal for me‏,” the subject of a Monday White House distribution list email signed by “Astrid Silva, DREAMer,” declares. “President Obama’s action on immigration offered me the chance to give back — to do right by the law, and contribute to this country that has given me so much. And his actions last week will give that opportunity to so many people who are Americans in their hearts, but not on paper.”

“Scripture tells us that we shall not oppress a stranger, for we know the heart of a stranger –- we were strangers once, too,” the president sermonized from Exodus in last week’s announcement on executive actions in which he “granted” special privileges to criminal aliens not available to legal immigrants who follow the rules, spending time and money to do things lawfully. When you’re a “progressive” with the self-anointed power to bypass the representatives of the people, the “wall of separation” only blocks infidels.

The administration’s “legitimate news media” partners were quick to pick up on all the right talking points to help spread the word. International Business Times talked about Silva’s “inspiring life story” and how Harry Reid was moved by her “heartfelt letters.” MSNBC did a sympathetic and supportive profile on the “passionate activist for immigration reform.” The Washington Post told readers how “A number of people [from Silva’s Dream Big Vegas activist group] burst into tears after the president mentioned her.”

Makes you feel like joining them, doesn’t it? Assuming anecdotes and emotional manipulation by a cynical politician and seasoned propagandists are all we need know about “the heart of a stranger”?

Is there a way to learn more?

Not from Silva’s Twitter account, unfortunately. Her Tweets are protected. For someone the nation is supposed to adopt and embrace with feel-good liberalism and tear-welling, sob sister sympathy, a lot of direct information about her seems to be “protected” as well, meaning we need to make inferences based on the company she keeps.

Problematically, the dreambigvegas.org link she posts doesn’t work. But fortunately, now that USA Today (a Gannett publication!) has given Astrid a chance to come out of the journalistic shadows, we learn she is also “the immigrant organizer for the Progressive Leadership Alliance of Nevada.”

Now we’re getting somewhere. And talk about the company they keep. It’s almost like the Community Organizer in Chief had an imperial agenda besides bringing us all together in Kumbaya harmony.

We would be nowhere without all the PLANistas who fight everyday for reform and will continue to fight until there is a pathway to citizenship for all 11 million. We are ready for this fight.

No kidding.

You don’t say.

And what do the Reconqui… uh… PLANistas think about gun rights?

They’re stumping for so-called “background checks,” that is, for the billionaire-funded confiscation-enabling registration fraud. Even gun owners in their ranks are all for more mandates and controls, like “Left-leaning political activist Launce Rake,” who opposes Constitutional carry.

That last story evidently took place at Clark County Shooting Park, the locale that prompted NRA’s Wayne LaPierre to call earmarked pork-bringer Harry Reid “a true champion of the Second Amendment.” And speaking of that tie-in, we can return to another of Astrid’s passions, Dream Big Vegas, or at least to their Twitter feed, which while not updated for a while does have a most curious post, at least as far as this column is concerned.

http://www.examiner.com/article/obama-s-dreamer-poster-girl-portends-nightmare-for-gun-owners?CID=examiner_alerts_article

We all know that Gabby Giffords was injured in a murderous attack by a deranged Democrat activist. We know that she suffered serious brain trauma and needed more than a year to regain even partial mobility and speech. We also know that she has staged a remarkable recovery becoming the figurehead of a gun control operation started by her husband, Mark Kelly. Rep. Giffords and Capt. Kelly often point out that they are not anti-gun and make show of buying, owning, and shooting guns.

Since we know all of that about Gabby Giffords, let me tell you about someone you don’t know; or maybe you do. We’ll call him Larry to protect his privacy. As with so many working-class American gun owners, Larry is a patriot, and when others were burning draft cards, he volunteered for the US Army. He suffered a traumatic brain injury from grenade shrapnel in Vietnam and, like Gabby, had to relearn simple things like walking, talking, and feeding himself. He never completely recovered, and the couple made due with Larry’s small disability pension and what his wife earned cleaning other people’s houses. One of his few joys has been getting out into nature and hunting – for the solitude he finds, and for meat – or just tinkering and plinking.

Age and health issues caught up with Larry’s wife a few years ago, putting the family in crisis. Larry’s VA benefits advisor told them that they could get more help from the government based on problems Larry was having managing their money. By agreeing that Larry was unable to handle his financial affairs, and having his wife appointed fiduciary for him, his disability payment would go up by an extra thousand dollars a month.

The couple grasped at the opportunity. A few weeks later I got a tearful call from Larry and his wife, looking for my advice. A letter had arrived from the VA informing them that Larry’s disability status was being upgraded. Then the letter said that Larry’s name would be forwarded to the FBI for inclusion in the National Instant Check System as someone who is “mentally incompetent,” and that he would be prohibited from possessing firearms or ammunition. The VA advised that all firearms and ammunition in the home must be removed, and that ever allowing Larry to have access to a firearm or ammunition would be a federal felony.

No one suggested that Larry is a danger to himself or anyone else. No one suggested that he is violent or unstable, or that anyone in the world will be safer or better off if Larry is not allowed to have access to firearms, but in order to get the help they needed, Larry must lose his right to arms for the rest of his life

http://www.buckeyefirearms.org/more-guns-gabby-while-vets-lose-theirs

On November 22 the Tallahassee Democrat called for the repeal of the Second Amendment and a total ban on handguns and “assault rifles.”

For those who respond by saying that taking guns from law-abiding citizens will only leave them in the hands of criminals the Democrat says, “That’s a chance worth taking.”

The anti-Second Amendment piece was written by Democrat columnist Gerald Ensley, who argues that attacks like the one at FSU on November 20 prove the need for repealing the Second Amendment and banning certain categories of guns.

Ensley wrote:

I’m not talking about gun control. I’m not talking about waiting periods and background checks. I’m talking about flat-out banning the possession of handguns and assault rifles by individual citizens. I’m talking about repealing or amendment the Second Amendment to the U.S. Constitution.

http://www.breitbart.com/Big-Government/2014/11/23/Tallahassee-Democrat-Calls-For-Handgun-Ban-Repeal-of-2nd-Amendment