Category Archives: Second Amendment

AmmoLand Shooting Sports News

CGF, Others Seek Circuit Court Review in Major Second Amendment Lawsuit AmmoLand Shooting Sports News SAN FRANCISCO -(Ammoland.com)- Today, attorneys for The Calguns Foundation (CGF), Second Amendment Foundation, and two individual plaintiffs filed a petition with the Ninth Circuit Court of Appeals seeking en banc (full-court) review of a ...

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CGF, Others Seek Circuit Court Review in Major Second Amendment Lawsuit - AmmoLand Shooting Sports News

Proposals involving guns are always controversial (File photo) Proposals involving guns are always controversial (File photo)

LAKEVIEW, Ore. - A measure challenging gun regulations is popping up around the state. Since 2015, four counties have passed a measure known as the Second Amendment Preservation ordinance, and commissioners in Malheur, Union and Lake counties have heard the same measure in the past few weeks.

The ordinance is a reaction to the Oregon Firearms Safety Act, passed by the state Legislature in 2015, which requires background checks for transfers of firearms between private parties. These county ordinances allow sheriffs to ignore this law - which gun advocates see as unconstitutional.

But Ceasefire Oregon Executive Director Penny Okamoto said there's a fatal flaw in the measure.

"There's an Oregon firearms pre-emption law that states that counties, municipalities, cities actually can't make certain laws regarding certain aspects of firearm sales, ownership, storage," Okamoto said. "So these ordinances or resolutions really are largely very symbolic."

The legality of this ordinance is still in question.

Rob Taylor of Coos County is one of the chief petitioners for the Second Amendment Preservation ordinance. He said he wants Oregon to have what he called "sanctuary counties" for the Second Amendment.

"The same way Oregon has become a sanctuary state for immigration," he said.

While Okamoto and Taylor disagree over the measure, they both point to poor mental health services for Oregonians and the importance of addressing those shortfalls to prevent violence.

Taylor said Gov. Kate Brown's proposal to shut down a mental health hospital in Junction City could hurt the people it serves.

"It doesn't matter whether they get a gun or a car or a bomb. If they have those thoughts, they're going to act upon it," he said. "And so the best thing to do is to have places like mental hospitals so we can have people go and get those problems healed or cured."

Okamoto said one of the biggest concerns related to gun violence is suicide, which accounts for most of the violent deaths from guns.

"You can pass all these ordinances you want, but that's not really taking a look at the fact that a lot of people in these rural counties are using their guns to kill themselves," she said. "And that's an issue that really needs to be addressed."

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Oregon counties' gun measures spark debate - KTVZ

RAMSEY, N.J. Amidst threat of a lawsuit from the New Jersey Second Amendment Society, the Ramsey Borough Council Wednesday held off on adopting an ordinance that would prohibit firearms from being discharged at shooting ranges within the borough.

The council voted to table the ordinance until the next council meeting on Feb. 22.

We are in the process of obtaining a national law firm to represent the borough pro-bono in the event of litigation since the New Jersey Second Amendment Society has threatened the borough with costly and protracted litigation if we move forward with the amendment, Ramsey Mayor Deirdre Dillon told a packed meeting room.

The borough attorney advised the mayor and council to table to the ordinance until that law firm is retained, Dillon said.

The ordinance at issue, introduced last month, revises one currently on the books that prohibits the firing of any pistol, shotgun, rifle or other type of firearms anywhere in the borough, but exempts indoor and outdoor firing ranges.

The revisions to ban the use of firearms at shooting ranges as well were introduced after the borough received an application to create a 60,000-square-foot indoor firing range at the former Liberty Travel building on Spring Street. An application for the facility dubbed the Screaming Eagle Club is pending with the Ramsey Planning Board.

RELATED: With Firing Range Pending, Ramsey To Consider Tightening Gun Law

New Jersey Second Amendment Society President Alexander Roubian sent a letter to the mayor and council on Feb. 1, stating: Our legal team is currently preparing the necessary Complaint to file with the N.J. District Court in the event the Ordinance is passed; however we ask that the proposed ordinance be pulled from the agenda so we can work together on an amicable solution without the need for costly litigation.

Roubian, a graduate of Ramsey High School, addressed the mayor and council in person Wednesday. We are very confident that we have a very, very good case here, he said, warning prevailing parties will be recovering their legal fees.

It is a chance we are willing to take, Dillon responded.

A string of additional speakers took to the mic to voice their concerns about both safety and Second Amendment issues.

RELATED: Ramsey Residents Say 'No' To Proposed Indoor Shooting Range

We like the town the way it is, a bucolic beautiful town that is safe for our children, said Ramsey resident Ellen OKeefe.

Andrew Stravitz, of Allendale, pointed out that the Waldwick Pistol & Rifle Club has been a few miles away from Ramsey for about 50 years. In 50 years, zero injuries in the shooting range over there, he said.

Barbara Puccia, of Ramsey, said It only takes one, and one person only, that has bad intentions that can cause a tragedy in this town.

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Second Amendment Group Threatens Lawsuit, Ramsey Tables Gun ... - Hackensack Daily Voice

A bill introduced in Tennessee on Wednesday would make it cheaper to buy a gun for one weekend of the year in that state, with a special tax-free event.

Surprisingly - a county Democratic official opposes the idea.

WJHL reports, State Rep. Dennis Powers, introduced House Bill 744 or Second Amendment Sales Tax Holiday. The measure would remove the sales tax on guns and ammunition during the first weekend of September. The proposal is similar to the tax-free back-to-school holiday weekend Tennessee holds at the end of the summer.

Were ecstatic about it, it would be great for our business, Tri-Cities Gun Depot Co-Owner, Tommy Isaacs told WJHL.

Isaacs even said his shop would reduce prices for what hes calling back to school for hunters.

Nancy Fischman, Chair of the Washington County Democratic Party would like to see lawmakers focus on other issues.

Why doesnt he propose a sales tax holiday for groceries? You have to eat but you dont have to buy a gun, Fischman tells WJHL.

If the Second Amendment Sales Tax Holiday, were passed - it would take effect this September, joining similar Second Amendment Sales Tax Holidays in Louisiana and Mississippi.

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Tenn. Considers 'Second Amendment Sales Tax Holiday' - MRCTV (blog)

In Connecticut, Governor Malloy is moving to increase the cost of a firearms permit. The New Haven Register reports:

Gun owners will see huge increases in permit fees that would raise millions of dollars to help the state combat its two-year, $3.6 billion deficit.

As part of his budget, Malloy is proposing to increase the state portion of the pistol permit fee from $70 to $300. He also is proposing the cost of the initial 5-year pistol permit fee from $140 to $370.

The increase in fees for gun owners will bring in another $9 million to the state annually, according to the governors budget estimates.

Additionally, Malloy is proposing to increase background check fees from its current $50 to $75.

If he is successful, that will set the cost of a first-time gun permit at $445, and the cost of renewal at $300.

Although I strongly disagree with it, I understand the intellectual case in favor of pistol permits per se especially in states such as Connecticut, where a permit acts as a one-time permission slip to do everything associated with guns (buy, own, carry, etc.). In the view of the gun-control movement, the permitting system serves to weed out those who are disqualified from ownership, as well as to ensure that the police know who is carrying and who is not. Because the system is open to abuse, leads to situations such as Carol Bownes, and seems to have no positive effect in comparison with similar states that dont issue permits (see Vermont and Maine), I strongly oppose it. But I can at least acknowledge the argument. Guns are dangerous weapons. Its not inherently unreasonable to want some regulation, nor, if a permitting system is to exist, to ask users to cover their costs.

I cannot, however, understand the argument in favor of high fees for pistol permits.If the case for permits is to distinguish between the law-abiding and the criminal, the case for high fees is to distinguish between the rich and the poor. In and of itself, that is disgusting. But applied to a constitutionally enumerated right that has been routinely recognized as such by the Supreme Court? Thats pitchfork time. And to come from the Democratic party, which views itself as being on the side of the poor, and which is institutionally opposed to voter identification laws on the grounds that one should not have to pay or be inconvenienced in order to vote? Thats just too much. (Why isnt this a poll tax or Jim Crow? And you cant answer, because I choose not to accept that the Second Amendment exists.)I understand that Governor Malloy doesnt like guns. But I also dont care. The law is the law. He doesnt get to edit the Bill of Rights.

The best case that can be made is that Malloy is trying to balance the budget on the backs of those whose behavior he dislikes. In a vacuum, this would be unpleasant. But when the behavior in question is legally protected, it is an outrage. Make no mistake: This isnt about covering user costs;its not about safety; and its not about Newtown. Its about astate government being willing to restrict a core individual rightbecause it happens to dislike its scope. I can only hope that the state Senate now split evenly between Democrats and Republicans puts the kibosh on the idea post haste.

Link:
Connecticut Moves to Restrict the Second Amendment to Rich People - National Review

Under the propsoal, the 1st weekend of September would be called the Second Amendment Sales Tax holiday.

Andrew Weil , WBIR 11:44 PM. EST February 09, 2017

Rows of guns for sale in showcase of retail store with application on counter (Photo: wingedwolf, wingedwolf)

NASHVILLE - An East Tennessee lawmaker wants there to be an annual tax-free weekend geared toward gun owners.

The bill, filed by Rep. Dennis Powers, R-Jacksboro, would establish the "Second Amendment Sales Tax Holiday" for the first weekend of September.

The tax holiday would cover firearms and ammunition. Guns covered by the tax discount would include shotguns, rifles, pistols, revolvers, BB guns, and Muzzleloaders, according to the bill's text.

Tennessee already features an annual tax-free weekend at the end of summer, but that's geared specifically toward back-to-school shopping.

Last year, Louisiana and Mississippi each hosted a Second Amendment sales tax holiday weekend.

If approved, Tennessee's first "Second Amendment Sales Tax Holiday" would be in 2017.

( 2017 WBIR)

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Tennessee lawmaker proposes tax-free weekend for guns - WBIR.com

DENVER A host of bills aiming to expand Second Amendment rights were heard Wednesday by the House State, Veterans and Military Affairs committee.

Included were House bills 1036, which would remove the prohibition on carrying a concealed firearm on school campuses; 1037, which would allow business owners and employees to use deadly force on intruders; and 1097, which would repeal the limitations on magazine capacity in Colorado.

The hearing for H.B. 1036 lasted more than four hours before Democrats killed the bill on a party-line vote, 6-3.

Senate Minority Leader Patrick Neville, R-Franktown, argued the bill would have sent a clear message to criminals that schools are not gun-free zones that could be targeted.

The purpose is to say were going to do more than put up flashy signs, Neville said.

Rep. Jovan Melton, D-Aurora, said the bill would have allowed individuals who were not held to the same level of training as law enforcement to carry firearms on school grounds, and would have disrupted schools being a safe place for students.

If you come from a neighborhood like I came from, often the classroom is the only safe place for a student to get away from a gun because when theyre out on the street, theyre constantly facing threats that just happen within their neighborhoods, Melton said.

The death of H.B. 1036 by the House State, Veterans and Military Affairs Committee likely was a preview of what will happen when other Second Amendment bills passed by the Senate make it to the Democrat-majority House.

In other House action on Wednesday, 23 bills were heard in committees, including:

Senate Joint Memorial 1, which would ask Congress to re-evaluate how wildfire suppression is funded through public land managers, was passed by the House Agriculture, Livestock and Natural Resources Committee, 13-0.The memorial is being put forward because of the practice of fire transfers that often take funds from mitigation efforts to pay for firefighting. As a memorial, the bill has no power but represents an effort to keep the issue on the minds of congressional representatives.

Senate Bill 27, which would raise the penalty for texting while driving, was passed 4-1 in the Senate State, Veterans and Military Affairs committee and referred to the Finance Committee. The bill would make the initial penalty $300 and 5 points against a drivers record, and $750 and 6 points on subsequent offenses.Lperkins@durangoherald.com

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Legislative Roundup: Second Amendment bills heard in committee - The Durango Herald

AmmoLand Shooting Sports News

New Jersey Second Amendment Society File Suit Against Ramsey, NJ AmmoLand Shooting Sports News USA -(Ammoland.com)- It has come to the attention of the New Jersey Second Amendment Society that on February 8, 2017, the Council and Mayor of Ramsey, NJ, will be reviewing in anticipation of final adoption proposed ordinance 01-2017. Our legal team ...

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New Jersey Second Amendment Society File Suit Against Ramsey, NJ - AmmoLand Shooting Sports News

Mark L. Hopkins More Content Now

This is the second in a series of columns that relate to the purpose of the Second Amendment and the gun rights issue that continues to fester in our society. The first column pointed out the strong desire on the part of the leadership of the country to have a strong federal government. The focus here is in the feeling of necessity in the leadership to have a means to enforce federal law and to protect the government from citizen rebellions. The Second Amendment became the law of the land in 1791. Prior to that Daniel Shays, a former captain in the Continental Army, became the leader of a citizens rebellion in Massachusetts in response to what Shays and other farmers believed were high taxes and a government that was unresponsive to their grievances. In January 1787, they raided the arsenal in Springfield, Massachusetts and continued their anti-government rebellions through the winter of that year. This was two years before the writing of the U.S. Bill of Rights with its all-important Second Amendment. Retired General George Washington was so upset by Shays Rebellion that he wrote three letters commenting on it. Excerpts from these letters follow: But for Gods sake tell me what is the cause of all these commotions. Do they proceed from licentiousness, British influence disseminated by Tories, or real grievances which admit of redress? In a second letter he worried that, Commotion of this sort, like snowballs, gather strength as they roll, if there is no opposition in the way to divide and crumble them. I am mortified beyond expression that in the moment of our acknowledged independence we should by our conduct verify the predictions of our transatlantic foe, and render ourselves ridiculous and contemptible in the eyes of all Europe. Later he wrote, If three years ago any person had told me that at this day I should see such a formidable rebellion against the laws and constitutions or our own making as now appears, I should have thought him a bedlamite, a fit subject for a mad house. Shays Rebellion was eventually put down when a group of wealthy merchants in Boston pooled their resources and created their own militia to quell the uprising. In the early 1790s, a second major rebellion began in Western Pennsylvania. It was called the Whiskey Rebellion and, again, was a revolt against taxes. Thus, the Second Amendment was written and signed into law in the shadow of these two major citizens rebellions. The U.S. Congress reacted to this second major rebellion by passing The Militia Act which gave teeth to the Second Amendment by requiring all military-age free adults to stand for service to enforce the laws of the Union, thereby insuring domestic tranquility. President Washington himself gave orders to form a militia of 13,000 men to put down the Whiskey Rebellion. His words later were ..this is how a well-regulated Militia should be used to serve the government in maintaining a strong security in each state, as the Second Amendment of The Bill of Rights intended. From the letters written by George Washington and the actions of Congress it is obvious that the purpose of the Second Amendment was to strengthen the Federal Government against rebellion and insurrection. It was not, as some contend, to equip the citizens to make war on the government. In fact, it was just the opposite. My first of the three gun rights columns focused on the desire of the U.S. leadership to have a strong central government and the means to protect that government from rebellion. In this column the focus has been on the like-minded efforts of both President George Washington and Congress to put teeth in the Second Amendment so security and an orderly society could be fostered. My third and final column on this subject will come next week.

Dr. Mark L. Hopkins writes for More Content Now and Scripps Newspapers. He is past president of colleges and universities in four states and currently serves as executive director of a higher-education consulting service. You will find Hopkins latest book, Journey to Gettysburg, on Amazon.com. Contact him at presnet@presnet.net.

Link:
Mark L. Hopkins: The Second Amendment and Shays' Rebellion - Wicked Local Stoughton

Florida state law 790.33 articulates, in short, that only the Florida State Legislature can and will regulate statewide laws encompassing anything firearms and ammunition related. This law is in place to ensure the state of Florida in its entirety remains consistent withgoverning gun laws. This safeguardslaw-abiding citizens from beingprosecuted for crossing a county or municipality line and accidentally violatinga local firearm law. Add to that the fact that misinformation or accidental ignorance can become an issue, when these laws can become extraneous and too numerous for the well-intended citizen to keep track of.

While Florida state law renders alllocal firearms laws moot, unfortunately, somelocal laws are still alive in certain municipalities and have remained in place because of an effort to exert some level of local autonomy. These municipalities are aware that these ordinances are illegal in the big picture, but refuse to erase them from their books.

The Florida state legislature further regulatespenalties on anyone who chooses to obstruct the state laws by imposing their illegal ordinances.

Tallahassee Mayor, Andrew Gillum, found himself named as a defendant in a lawsuit brought against him by Florida Carry and the Second Amendment Foundation with support of the NRA. The Mayor defends his position, and refuses to remove a law still on the books. This law states that no guns shall be fired in parks located within the city limits of Tallahassee.

The judge in this case recently ruled in favor of the Mayor and all city officials named, finding there has been no wrong-doing on their part. The ruling is currently under appeal, based upon the constitutionality of this law.

Gillum feels he is within his right, as an elected official to enforce and uphold laws that are in his constituents best interests. He feels the state oversight is in direct opposition to what he was elected to do.The flip side to that is that picking and choosing what to uphold is counter-intuitive, andone of the fundamental elements tothis appeal.

What the Mayor is seemingly overlooking with State Law 790.33 is the bigger picture and how it affects all law-abiding gun owners and concealed carriers who reside within his governance and are some of the individuals who elected him into office.

With the appeal of the decision of the district court, its going to be up to Court of Appeals to consider the final outcome.

All law-abiding gun ownersof Florida should pay close attention the outcome of this case could have huge implications for them moving forward.

Author's Bio: Pamela Jablonski

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Inconsistent Florida Firearm Laws Pose Potential New Threat to Second Amendment Rights - Bearing Arms