Civil Rights Victory in Pennsylvania

The case is Binderup v. Holder, filed in the Eastern District of PA. The plaintiff was convicted years ago of Corruption of Minors for having sex with a 17 year old. In Pennsylvania, Corruption of Minors is a misdemeanor, but has a possible sentence of up to five years, so it applies for the purposes of a federal prohibition. Corruption in Pennsylvania tends to occur for one of two things, alcohol and sex. Often both. Furnishing liquor to minors in Pennsylvania can cost you your gun rights. So can sex between a 18 year old and 17 year old. The age of consent in Pennsylvania is 16, so the charge is not Statutory Rape, but Corruption of Minors is still an option for the prosecution.

This is an “as applied” challenge, meaning the statute was challenged as applied to this person’s individual circumstance. It was not a facial challenge to the statute as a whole. This would presumably apply to other persons similarly situated to this defendant. To read more details about this case, see Of Arms and the Law and also Alan Gura’s blog, who is the attorney who argued this case.

Slowly but surely, we are chipping away here and there. The other side may brag about our defeats, but we’ve also had some very important and circumstantial wins. There are a lot of people in Pennsylvania, who are no threat to anyone, who have gotten caught in this trap. Now there may finally be some relief for them.

Eric Holder Resigning

Eric Holder has announced he’s stepping down as Attorney General. The best prediction of the next happenings at the Department of Justice was found on Twitter:

Shaneen Allen to Pre-Trial Diversion

According to attorney Evan Nappen, the Atlantic County Prosecutor has suddenly decided that Shaneen Allen is now eligible for the pre-trial diversion program. It would seem he has decided that she is no longer a bigger danger to society than Ray Rice.

UPDATE: Here’s the story in the press.

“Temporary Intrusion” of the First Amendment

The Express-Times in Lehigh Valley area decided to attack those concerned about potential constitutional violations in an op-ed, saying that those who have had their rights violated and want to stand up for them are merely “opportunistic” and too concerned with themselves to put up with a “temporary intrusion” that has lasted at least a week.

They even highlight a quote from the Pennsylvania State Police’s PR guy that assures us that not all people are completely cut off from their homes. Citizens can trust that if the police think you actually have a good reason to go to your home, then they will be the ones to decide if/when you get access, and only under escort if they like your reasons for wanting to go home.

So, I’d like to know how the Express-Times staff would react to the news that the state police argue that their coverage of the events is helping the suspect evade law enforcement. Sure, they have no actual evidence that the suspect has access to their papers, but it’s a possibility that he might be in the area and using the resources to evade them – like he might possibly be hiding out in every single car in the area or every home in the area.

Therefore, the police ask that the Express-Times stop publishing their paper during this “temporary intrusion” and that any efforts to argue that they have a First Amendment right that must be respected is a case of them being “opportunistic” and overly greedy with their Constitution rights claims.

Some public relations officer will remind their editors that they aren’t really blocking all access to their publishing equipment – because if the police determine there’s any message worth hearing, then they will provide an armed escort to any reporter or editor they hand select to supervise their limited visit to the printer.

I find it hard to believe that the Express-Times staff wouldn’t be on the phone to lawyers trying to argue for their Constitutional rights. Why are they condemning anyone else who is concerned that in specific instances, perhaps law enforcement have gone too far and actually crossed the line into violating someone’s rights?

According to another report on the situation, attorney Josh Prince has already talked to someone who was forced out of their home, despite having three dogs there, and has been refused access to care for them since Sunday. It was Tuesday when that story was posted. The New York Times found a man who was thrown to the ground and detained in handcuffs just for going to his own home.

Regardless of what the public relations officer is telling the media, it’s clear that there are reports from those forced to leave that the police are keeping people away from their homes. If they aren’t keeping them away from their homes, it’s clear that at least some officers have gotten a little too quick to act against local citizens. Any lawyer who is helping someone understand their rights – and whether or not they have been violated – should be applauded.

Pennsylvania Pre-Emption Became a Gun Control Battle

There were dueling amendments proposed in the Pennsylvania House this week, and yesterday afternoon, the votes came down.

Gun owners should definitely say a word of thanks to the state representatives who voted to support pre-emption reforms and thanks to those who voted against the Bloomberg-backed effort to add more restrictions (and expenses) to long gun sales. In fact, an election year is a great time to remind our lawmakers that we’re watching their votes. Even better, if they voted with us on the bills, track down their campaign and get a yard sign or volunteer to lend a hand. That’s a huge thank you that will be remembered.

NRA is asking folks to pester their senators about getting this bill moving in the Pennsylvania Senate.

Demanding Mom’s Praise of Goebbels Likely Ignorance Rather than Malice

Bob Owens at Bearing Arms caught one MDA chapter leader, and volunteer for the Carolyn Maloney campaign, suggesting that Nazi propagandist Joseph Goebbels was a pretty insightful guy. I would bet money that Alison Martin had no idea who Joseph Goebbels was when she uttered that statement of support, and when she found out, she deleted her Twitter account because it was embarrassing.

That said, the quote in question is one that has been attributed to Goebbels, but I can’t find any evidence that quote is actually his. I don’t believe if her statement was uttered in ignorance that it lets Ms. Martin off the hook — far from it. It shows a dangerous ignorance. The fall of the Weimar Republic and rise of the Nazis is a recent history that describes a country making the slow (and democratic!) descent into the madness of a mass murdering police state. I would also wager that Ms. Martin has never read Orwell. Perhaps she can learn something from another quote from George Santayana:

Progress, far from consisting in change, depends on retentiveness. When change is absolute there remains no being to improve and no direction is set for possible improvement: and when experience is not retained, as among savages, infancy is perpetual. Those who cannot remember the past are condemned to repeat it.

Hypocrisy Gets You a Lighter Sentence?

It seems that as long as you have the right political views, you can break gun laws and get a slap on the wrist. If you don’t, you’ll end up facing serious charges and years in prison.

Compare these two situations:

1) In New York, an activist who promoted the SAFE Act that made carrying a gun on school property a felony even if the person has a license to carry, decided to carry his gun to a school after the gun control law took effect.

When the school was raided by SWAT officers and went on lockdown for a call about a man with a gun in the building, Dwayne Ferguson did not disclose that he had his gun. It was only when officers started patting down every person in the school did they find his gun. The school noted in their statement that he had an opportunity to disclose his possession to officers, and he chose not to do so, forcing everyone else to face a search.

For his refusal to disclose his accidentally carried, and otherwise licensed, firearm into a prohibited place, Ferguson’s charges were dropped from felonies and he received community service with a conditional discharge.

2) In New Jersey, a single mother from Philadelphia crossed a bridge with her license to carry a gun issued by Pennsylvania thinking that it applied across the border. It did not. When she was pulled over for a vaguely state violation, she willfully disclosed to the officer that she was a licensed gun owner.

For her cooperative attitude during her accidental carry situation, he had her arrested and the prosecutor considers her, as an otherwise lawful gun owner, such a danger to the community that he refuses to even consider the idea of a diversion program because it would mean she would not be put behind bars for years.

It would appear that having the right political views can go a long way in convincing a prosecutor not to press charges in these gun control cases.

Having Your Rights Violated?

I can’t tell you how much I loved seeing a post from Pennsylvania attorney Josh Prince asking anyone in Pike and Monroe Counties to contact him if their rights have been violated based on an article linked here earlier today. I would love to see more people considering legal challenges to behavior like this from law enforcement when they cross the line and violate someone’s rights.

UPDATE: And, he actually provides tips on how to document everything regarding the violation of rights that one would need to create a good case.

Also, check the comments of both posts and note the people who are horrified at the idea that some lawyer is trying to let people know what to do to prepare a legal case if their rights are violated. They don’t understand why anyone has an issue with rights being violated as long as they are told someone is keeping them “safe.”

Monday News Links 9-22-2014

Bitter’s mother and grandmother are on their way back to Tennessee, after spending the last week up here with us. Things turned a bit cold up here for folks used to Oklahoma summers. It’s starting to feel more like fall now and less like summer.

Don’t ever let anyone try to tell you that no one wants to take your guns from you. The NJ Star-Ledger calls for Australian style confiscation. Check the comments for people debunking “It worked for Australia!” propaganda.

The changing face of target shooting. Our opponents will do everything humanly possible to halt this trend. Keep that in mind when analyze proposed legislation to gauge their strategy.

Politico: “Gabby Giffords gets mean” The best way to fight back is to help out the politicians she’s attacking, both on the streets and in the voting booth.

John Richardson has a good piece on racial profiling on Form 4473. Why they are doing this now is an interesting question.

Alan Gura on DC’s may-issue shenanigans “In America, the police don’t determine what rights we have good reason to enjoy. You don’t need a good reason to speak, to worship, to vote or to carry a gun for self-defense.

Doctors groups seem to quite often be comprised of petty tyrants who know how to run your life better than you do. Here’s another example. You hear this a lot from gun control advocates: only federal gun laws are effective, because otherwise you can just go to a state with weaker laws. Well, then why do they keep trying to pass more controls at the state level then?

The war against accurate rifles. They’re going to hate particle beam weapons. More on that topic here.

Has Attorney General Kane offered a gift to gun owners? It seems improbable, but Josh Prince is going to try to put to some use.

SayUncle is done with the NFL. The NFL is an anti-gun organization.

Daily Caller: Top 3 Myths of the Second Amendment.

Shannon Watts: “Now, for the first time in our country’s history, there is a well-financed and formidable force positioned to take on the Washington gun lobby.” Well financed by a single billionaire asshole who has his own private armed security.

Even some Democrats are acknowledging Shaneen Allen doesn’t deserve to go to jail. This is what gun control means. When you heavily regulate a consumer product that’s widely legal most everywhere else, it necessarily means good people will go to prison. Democrats should think long and hard about that before passing everything our opponents (who are fine with gun owners going to prison) ask for.

NRA is getting involved in the race for Jim Gerlach’s old seat. I’m guessing Mike Fitzpatrick isn’t getting help this year. Fine by me, since I’ve been nothing but disappointed in him. Fitzpatrick has taken endorsements from gun control groups. Fitzpatrick has said previous he plans to step down in 2016. If this is not the case, he needs a primary challenger.

More about where NRA is spending its money this year.

Dave Kopel: New anti-gun strategies.

Off Topic:

 

Headline of the century?

Republicans need to figure this stuff out if they want to win elections. They are way behind. A big question in my mind is whether this will work for a run-of-the-mill candidate and not the new messiah incarnate.

The Fourth Amendment may be sick, but it’s not dead yet.