Bill Colley & Top Story Talk Remote Control Abortion & Second Amendment With Doug Beatty – Video

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Bill Colley Top Story Talk Remote Control Abortion Second Amendment With Doug Beatty
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Bill Colley & Top Story Talk Remote Control Abortion & Second Amendment With Doug Beatty - Video

Self-defense shooting: Pharmacist fights back, kills armed robber after exercising second amendment – Video

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Self-defense shooting: Pharmacist fights back, kills armed robber after exercising second amendment
A West Virginia pharmacist is credited with saving the life of his customers and staff after killing a masked gunman during an armed robbery attempt. Just af...

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Self-defense shooting: Pharmacist fights back, kills armed robber after exercising second amendment - Video

Gun owners buying up "green tip" bullets that White House may outlaw – Video

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Gun owners buying up "green tip" bullets that White House may outlaw
Regulators say the so-called "green tip" rounds used with AR-15 assault rifles can penetrate bullet-proof vests, while critics say any potential ban is an attack on the Second Amendment. Mark...

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Gun owners buying up "green tip" bullets that White House may outlaw - Video

Appeals Court Says Sunnyvale Gun Law Can Stay in Place

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A federal appeals court in San Francisco has allowed a California towns controversial gun-control law to stay in place, frustrating, at least for the moment, arguments by gun-rights activists that the law violates the Second Amendment.

The U.S. Court of Appeals for the Ninth Circuit on Wednesday ruled that a lower court did not err in allowing a law passed in Sunnyvale in to stay in effect while the legal challenge moved forward. The lawbans anyone from owning gun magazines capable of holding more than 10 rounds.

In a ruling written by Michael Daly Hawkins, the three-judge panel ruled that the law, passed in 2013 by Sunnyvale voters, does burden the Second Amendment. But the panel agreed with the lower courts ruling that the laws compelling government interest of public safety justifies its burden on the Second Amendment and therefore doesnt violate the constitution.

Wrote the panel:

Sunnyvale presented evidencethat the use of large-capacity magazines results in moregunshots fired, results in more gunshot wounds per victim,and increases the lethality of gunshot injuries. Sunnyvalealso presented evidence that large-capacity magazines aredisproportionately used in mass shootings as well as crimesagainst law enforcement, and it presented studies showingthat a reduction in the number of large-capacity magazines incirculation may decrease the use of such magazines in guncrimes. Ultimately, the district court found that Sunnyvalesubmitted pages of credible evidence, from study data toexpert testimony to the opinions of Sunnyvale publicofficials, indicating that the Sunnyvale ordinance issubstantially related to the compelling government interest inpublic safety.

The case will now move back to the district court, where challengers will move forward, though the law will stay in place during the lawsuit.

The Sunnyvale ordinance garnered wide attention when it was passed over a year ago, partly because the towns mayor, Tony Spitaleri, had pushed so hard for the bill. At the time,Mr. Spitaleri said the measure wasnt as much about reducing crime as it was about keeping people who own guns safer in their own homes.

Gun-rights activists pilloried the law, partly because it requires anyone wholegally own magazines with more than 10 rounds to get rid of them.

In a statement, Sunnyvale city manager Deanna J. Santana said: A large majority of Sunnyvale voters passed Measure Cin the interest of public safetyso we are very pleased that the Ninth Circuit upheld the district courts ruling.

Chuck Michel, a lawyer for the challengers said that an appeal of the decision was in the works, and that the ruling is based on a fundamental misapplication of the Supreme Courts ruling in the Heller case, the seminal 2008 ruling that struck down Washington, D.C.s handgun ban.

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Appeals Court Says Sunnyvale Gun Law Can Stay in Place

Gun rights showdown: Sunnyvale restrictions upheld by appeals court

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Adding fresh ammo to the gun rights debate, a federal appeals court on Wednesday upheld Sunnyvale's law restricting high-capacity gun magazines, concluding local officials did not run afoul of the Second Amendment by trying to reduce gun violence.

The 9th U.S. Circuit Court of Appeals rejected the arguments of groups such as the National Rifle Association, which contended the restrictions are unconstitutional and undermine gun owners' right to protect their homes with ample firepower.

"Sunnyvale's interests in promoting public safety and reducing violent crime were substantial and important government interests," 9th Circuit Judge Michael Daly Hawkins wrote for a unanimous three-judge panel.

Gun rights advocates have to date failed in their legal challenge to the ordinance, which threatens criminal prosecution of anyone with a magazine that can hold more than 10 rounds of ammunition. A San Jose federal judge upheld the law last year, and the U.S. Supreme Court refused to put it on hold while the appeal unfolds.

Groups challenging the law can now ask the 9th Circuit to rehear the case with an 11-judge panel, or follow through with their plan to take the issue to the Supreme Court. Foes of the Sunnyvale law have already enlisted former U.S. Solicitor General Paul Clement, who has frequently argued in the high court, for their legal team.

Chuck Michel, a lawyer for the gun rights groups, pledged to appeal quickly, calling the ruling a "fundamental misapplication" of Supreme Court precedent. He also revealed that organizations plan to file a second legal challenge to the Sunnyvale law within the next week raising new legal arguments.

The gun lobby's second case will rely on the argument that cities such as Sunnyvale are pre-empted from local firearms magazine regulation by California law.

California law since 2000 has banned making, selling, giving or lending magazines that can hold more than 10 rounds, but laws such as Sunnyvale's go further by making it illegal to possess them in the home. It requires city residents to turn in illegal magazines or risk misdemeanor prosecution.

The stakes could be high, as other California cities, including Mountain View, San Francisco and Los Angeles, have moved to adopt similar regulations. And given that the 9th Circuit shapes law for nine western states, its Sunnyvale ruling is likely to have a much broader reach if it remains intact.

To gun owners, the law is an unconstitutional slap at their right to protect their homes from intruders. To advocates of the law, it is a sensible response to gun violence, such as the tragedies ranging from the Sandy Hook Elementary School massacre in Newtown, Connecticut, two years ago to Gian Luigi Ferri's mass shootings at a San Francisco law firm two decades ago.

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Gun rights showdown: Sunnyvale restrictions upheld by appeals court

Sex and the First Amendment: Jessica Mitford on How Society Deals with Sexual Matters (199 – Video

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Sex and the First Amendment: Jessica Mitford on How Society Deals with Sexual Matters (199
Sex and the First Amendment: Jessica Mitford on How Society Deals with Sexual Matters (1991) The Wedtech Scandal was the name of an American political scanda...

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Sex and the First Amendment: Jessica Mitford on How Society Deals with Sexual Matters (199 - Video