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Currently Browsing: Gun Rights

Federal District Court Upholds California’s Handgun Roster

The case is Pena v. Lindley, a Calguns Foundation case challenging the constitutionality of California’s handgun roster. A roster that was created specifically for the purpose of banning cheap handguns. Not a right for the poor, I guess. Under California law, handguns that don’t appear on the roster are illegal to sell. Manufacturers have to pay recurring fees to stay on the list. The firearms have to be micro-stamped. They have to be drop tested. Otherwise they may not be sold.

There was no intermediate scrutiny two step. The court ruled that the Second Amendment wasn’t even implicated here, and this was among the kinds of regulations that were “presumptively lawful,” per Heller. The statute survived rational basis review, which is all that the court felt was required. The court believed that as long as you could still buy some handguns, the state was perfectly justified in banning large numbers of them. The judge also wasn’t buying the equal protection arguments in the case, so police can be a special class of citizen as far as the judge is concerned.

This is unfortunately not shocking, that a federal judge would so summarily dismiss a restriction on a fundamental right. We’ve seen it time and time again. Needless to say this will be appealed. It’s worth noting the judge in this case was a Clinton appointee.

Sad Panda Alert: Gun Control Fail in Vermont

At least for now, we seem to have pushed Bloomberg back, so there are gun control supporters in Vermont and New York City now who are very sad pandas. Bloomberg doesn’t have the ballot to use in Vermont, so he had to try for a traditional attack through the legislature. Fortunately for us, and unfortunately for him, in this kind of fight it’s our grassroots advantage can trump his pocketbook, because all that is required is direct action. When it comes to a fight that involves buying support from low-information voters, Bloomberg’s money is  more useful. Nonetheless, they say they aren’t going away:

“We have a very long view on this,” Braden said. “Two years ago, there wasn’t any way any gun provision would be debated. This is a long-term campaign to really change the conversation, so we can pass legislation to keep guns out of the wrong hands.”

It looks like they might still get a felon-in-possession law in Vermont though.

He said many of his constituents who oppose expanding background checks support the mental health and felon provisions. As for requiring Vermonters who are conducting private gun sales to go to a gun dealer for a background check, Sears said his constituents have been more consistently opposed.

But I thought 92% of gun owners supported Bloomberg proposal?

UPDATE: Think Progress are sad pandas too, but this time because when gun control comes threatening, it strengthens the hand of gun rights groups more than it does gun control groups.

Charges Dropped in New Jersey Antique Gun Case

It would seem that someone gave the Cumberland County, NJ prosecutor a clue that putting an elderly man away for 10 years (likely life in his case) is not really an appropriate move for someone who collects 18th century stuff and managed to pick up a flintlock pistol. Charges have just been dropped without further comment from the DA.

Emily gets to carry her gun

Emily Miller’s application for a carry permit was approved. About time.

My guess is they figured that doing so and hoping she went away was better than the alternative

News Links for Tuesday 02-24-2015

I meant to get up a news links post yesterday, but tasks conspired against it, which seems to be happening a lot lately. At work, we had a window blow open and freeze all the pipes, which caused quite a disaster. Last week I couldn’t open my back door. Fearing the header might have failed, causing the weight from the house to fall onto the door, I went into the drywall to check. The header was fine. I think the severe dry, cold air just made the wood contract enough to jam the door. I managed to pull hard enough to get the door open, but it took a hammer to close it again. That door has always been tight, and the seal on the double pane failed years ago. It is time to replace it, which is money I wasn’t expecting to spend. Such are distractions of life, like the news:

Joe Huffman collects bigotry from the other side, something for which there is no shortage.

Gun control works! No, really, it does.

Shannon Watts is a propagandist, not an activist. She’s honestly not very good, and prone to making gaffes and mistake. If it wasn’t for Bloomberg’s money, I wouldn’t be too worried about her.

Apparently Governor Wolf’s pick to run the Pennsylvania State Police is already generating controversy. It’s worth noting that this office has, in the past with hostile Democratic administrations, been used to screw with gun owners.

What’s that? Associating with Bloomberg is bad for a Democrat’s political aspirations? Who would have guessed.

Bring handguns back to Britain!

Turning out for Constitutional Carry in Idaho.

Shocking: Some lawmakers who are friendly to the Second Amendment are (gasp!) active NRA members.

SCOTUSBlog takes a look at Henderson v. United States. A gun case, but not a Second Amendment case, at least not directly.

John Richardson has more on the M855 ban.

Tam: “It was within my lifetime (albeit barely) that you could order an actual 20mm anti-tank rifle in the mail with less drama than buying a packet of Sudafed today.” Also, “Might as well be hanged for a sheep as a lamb.”

Yes! Next question.

Eugene Volokh: Open Carry v. Announced Carry. I’ve also thought there might be stronger First Amendment protection for open carry than Second, given that the courts take the former more seriously than the latter.

Off Topic:

Bombshell Interview: Cop Reveals That “Planting Evidence And Lying” Are Just “Part Of The Game”

What ISIS Really Wants. A very excellent piece of journalism from The Atlantic. If you haven’t read it yet, you should.

More Danger in Washington State

Another gun control bill has passed out of committee in the Washington Legislature. If I were a gun owner in Washington, I’d print out this bill and roll it up. Go find yourself a gun owner who voted for I-594 because it sounded “reasonable,” and hit them on the nose with this bill and firmly say, “No!”

Any victory will embolden and strengthen the other side. Once the dam starts to crack, it’s very difficult to prevent it from breaking. This is especially true in blue states that have managed to keep their gun rights, despite years of Democratic control. Once they figure out they can hurt you, and you can’t boot them from power, they’ll just keep hurting you. Colorado was saved from this fate because they figuratively broke the noses of the people who hurt them with those recall elections

If you’re in a blue state that’s kept its gun rights despite a history of Democratic control, you’re probably lucky, and probably are retaining your gun rights on borrowed time. Once the powers that be learn they can hurt you, and you can’t hurt them back, your cause is doomed.

Is it Unlawful to Donate to a City’s Defense Fund for Illegal Gun Ordinances?

[UPDATE: Link fixed] Pro-gun attorney Josh Prince makes a good case for it. The criminal penalty for violating preemption is not part of the new Act 192, but was an original feature of the 1974 preemption law. The problem, however, is that it would require the county district attorney to bring charges, which they’ve never been willing to do. In this case, I doubt they would. Anyone charged would likely have a decent First Amendment claim that their donation was a form of protected speech. So from the beginning there was never any enforcement mechanism for preemption, so many towns and cities through Pennsylvania just ignored it, and passed their own gun control laws anyway. While rarely enforced, if you were one of the unlucky few, it was on you to hire an attorney at your own expense, to defend against the charge and challenge ordinance in court. While this almost always resulted in victory under Pennsylvania’s preemption statute, you were out the money for court costs and attorneys fees. The legislature set out to fix this with Act 192, and at least Lancaster, Philadelphia, Pittsburgh, and Harrisburg don’t appreciate being held to account for their own illegal behavior.

Sorry fellas, you’ve been flouting the law for 40 years now. Time to pay up.

New Jersey Flintlock Case Getting Mainstream Traction

The New York Daily News has run a very favorable article on the Gordon Van Gilder case. You read that right, the New York Daily News. They even embedded NRA’s video on it. I’m kind of shocked, because it’s not like the Daily News is on our side, even on a good day. My guess is that the media is likely aware these stories damage Chris Christie. Regardless of motivation, the more people hear Mr. Van Gilder’s story, the more likely he can get a favorable outcome, as Shannen Allen did.

It also lets people know that what New Jersey has are all the “reasonable common sense gun laws” that the gun control crowd promotes, and that New Jersey’s laws are their model for the rest of the country.

In Order to Win Colorado Back, House Democrats Must be Removed From Power

The Denver Post is reporting on the committee votes in the Colorado House:

HB 1050: Repeals requirement that anyone besides a licensed gun dealer who transfers possession of a firearm must obtain a background check and repeals requirement that charges a fee for a check. Defeated 6-5.

HB 1127: Establishes immunity from certain civil actions for owners and operators of businesses open to the public who adopt a policy allowing persons to carry a concealed handgun on the premises. Defeated 6-5.

HB 1009: Repeals the ban on the possession of large-capacity ammunition magazines. Defeated 6-5.

HB 1049: Adds a place of business to the locations that may be defended with deadly physical force. Defeated 6-5. 

HB 1086: Requires the Colorado Bureau of Investigation to produce in a certain time frame certificates allowing for the transfers of machine guns, destructive devices or other firearms or explain why, in that time frame, it was denied. Defeated 7-4.

See the whole article to contrast what the GOP is doing in the Senate, which passed constitutional carry out of committee. I hate to raise the bar higher, because Colorado activists have already been carrying a lot of water for the movement, but if Colorado is to be snatched out of Bloomberg’s hands, the Democrats must lose control of the House as well.

These were 6-5 votes. It’s very close. But the next election could determine everything. Abandon false prophets like Dudley Brown, who has a socially conservative agenda that extends far beyond gun rights. The Colorado GOP has to get smart and embrace good candidates who can win in that state’s more socially liberal political climate.

News Links for Monday 02-16-2015

Greetings from antarctic station zebra, or at least that’s what it feels like. It’s actually warmer in Alaska than it is here in Southeast Pennsylvania. Seems every time I start to think gun news is getting slow, it gets real interesting, real fast. I could do with slow news if it means no action from the Obama Administration to restrict our rights. I saw in Facebook a gun guy I know, who I also know to be a Democratic voting lefty, arguing that Obama couldn’t ban ammunition, and this was all a conspiracy to drive up ammo prices. There’s a lot of ignorance out there, and it is our mission as gun owners to relieve it.

National reciprocity is now on the table. It’s already upsetting the right people.

Miguel reports on an attempt to ban shooting ranges on residential property. NRA is opposing it because it makes no distinction between dense residential areas and rural properties, and because they argue current law is being misunderstood.

I have to agree with Jeff Soyer on this one. I’m not big on giving cops exemptions to generally applicable law. If it’s bad for the police, it’s bad for everybody.

Well, I’m glad the California legislature is taking the prospect of false reports seriously, but I still think there are serious due process concerns with this “Gun Violence Restraining Order” idea.

Good on Vermont gun owners for showing up. Fortune favors those that do. Hopefully we’ll send Bloomberg home with his tail between his legs.

Can’t stop the signal, though Bloomberg apparently thinks he can.

Marco Rubio would seem to be running for President. This is a good thing he’s doing.

Charles C.W. Cooke: “If Mance v. Holder’s Outcome Is So Horrible, Why Did Democrats Offer It Legislatively in 2013?” Because they were willing to trade it for something they wanted. Now we might win it outright, without us having to give up anything.

At least one reporter at Bloomberg News thinks Vermont being gun crazy is some kind of new development. Vermont’s hippies have been better armed than California’s for quite some time.

You knew the antis weren’t going to stop with I-594.

John Lott takes apart yet another Bloomberg “study.”

I think Governor Hogan should at least lend moral support to the cause of freedom. But unless the Dems are booted from the legislature, Maryland is likely lost unless the courts or Congress save it. I’m sure Emily Miller’s appearance at their rally will drive certain antis absolutely nuts.

Constitutional Carry is in trouble in Idaho, apparently. There’s going to be a rally February 21st in Boise. It’s doing much better in New Hampshire, where it’s cleared the Senate and is now on to the House.

Both campus carry and open carry have passed out of committee in Texas. As Bob Owens notes, the preferred version of the open carry bill, the one that would not have required a CHL, is sunk.

Talking to the cops after a defensive shooting, from an attorney.

If you want us to be reasonable, you first. We’d never accept a waiting period in the context of other fundamental constitutional rights. Why this one?

Bob Owens has an idea for how to fix the federal AP ban. The big problem is what defines “designed for use in a handgun.” Is 5.7x28mm designed for use in a handgun or a rifle? I’d like to use a green approach to just go for outright repeal. Dave Hardy isn’s so sure M855 even falls under the statutory definition, since it still uses some lead. That could open the door to lawsuits if the Administration actually drops this hammer.

Christians joining militias in Iraq to fight ISIS.

Shooting the Russian AN-94. I’d love a chance to shoot one, but it never looked to me like a design that would be reliable.

Looks like a Tavor trying to hump a KRISS

Off Topic:

I’d like to shut DHS down for good.

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