Of Arms and the Law: State legislation Archives

FLA Chamber of Commerce suit vs. commuter self defense

Posted by David Hardy · 24 April 2008 09:17 AM

Here's a pdf file of the complaint, scanned and thus rather large. The three theories are deprivation of property w/o due process, taking of property by regulation w/o compensation, and violation of the Federal OSHA standards. I'd rate the first two as very weak, and don't do OSHA so I can't size up the last.

One thing does strike me as incongruous. The last theory invokes a statute which extensively regulates how business is carried on. The first two argue that a far more trifling interference with business is unconstitutional.

Florida Chamber of Commerce sues over commuter self-defense law

Posted by David Hardy · 21 April 2008 07:38 PM

So reports the Orlando Sentinel. It doesn't state the legal theory, and I have trouble envisioning one, or at least one that might win.

Good editorial on recent GA law

Posted by David Hardy · 20 April 2008 08:29 PM

Over at Jason Pye's blog.

Hat tip to reader Mike M. ....

Chicago's handgun ban

Posted by David Hardy · 20 April 2008 01:00 PM

Chicago's attempt at banning handguns makes that of DC look like a success.

Of course to the city government that's just proof that if there was more regulation of private firearms, it'd work even better. I recall once reading an advocate of Prohibition, after its repeal, still arguing that it would have work if just there had really been a complete ban on alcohol. I forget now what the exceptions were (all tightly regulated), I know there was one for religious services, may have been others for medical use or industrial uses. The author was convinced that these kept the "idea" of alcohol alive and if they'd just have been cut off then the Great Experiment would have succeeded. Sure, Al Capone would have felt a moral duty to straighten out.

NRA gets court order blocking Philadelphia's new ordinances

Posted by David Hardy · 17 April 2008 10:30 AM

A judge this morning issued an order temporarily enjoining enforcement of the city's new ordinances. The injunction will last at least until the next hearing on April 28.

Another story here.

Gov. Crist signs FLA commuter self defense law

Posted by David Hardy · 15 April 2008 03:34 PM

Just got word from United Sportsmen of Florida--it's been signed into law (note it may not take immediate effect, State legislation often goes into effect X days after end of the session).

Philadelpha DA agrees new city ordinances are illegal

Posted by David Hardy · 15 April 2008 02:44 PM

Philadelphia District Arrorney Lynn Abraham has advised that the city's new antigun ordinances are "on their face, illegal acts."

Permalink · State legislation · Comments (10)

Gun control warming up at state level

Posted by David Hardy · 15 April 2008 09:30 AM

Or so the New York Times reports.

(I'd say heating up, except if you read carefully Brady Campaign boasts that they have lots of bills proposed, with no suggestion they are going anywhere, and that this year they actually got some far enough in PA to where they could be voted down. Neither seems a particularly impressive accomplishment. A loss on the floor isn't much of a "defining moment.")

Hat tip to Dan Gifford...

GA passes major pro-gun bill

Posted by David Hardy · 11 April 2008 02:40 PM

Story here. It allows CCW permittees to carry in mass transit, parks, establishments whose primary income is food (i.e, restaurants rather than bars). It also broadens carrying in vehicles for non-CCW holders, shortens the time for permit issuance, sets up Mayor Bloomberg if he again tries straw man entrapment, and does a lot more. CHeck out the post for details.

To contact the governor and urge him to sign, go here.

W. VA. gets Castle Doctrine

Posted by David Hardy · 11 April 2008 09:39 AM

Story here.

Online polls re: FLA law

Posted by David Hardy · 10 April 2008 04:51 PM

A couple are posted by different papers:

The Orlando Sentinel asks: "Should Florida businesses be permitted to bar employees from bringing guns in their cars to work? "

While the Miami Herald asks "Will you be bringing a gun to work? "

I see a lawsuit coming....

Posted by David Hardy · 10 April 2008 01:00 PM

Despite PA having statewide pre-emption, and Philadelphia having lost attempts to amend that, the city council has enacted five new gun control ordinances, and the appropriately-named Mayor Nutter announces he will "order their immediate enforcement."

I guess he's never heard of false arrest, section 1983, and a few other details like that.

FLA passes bill on rt. to have gun in locked car while at work

Posted by David Hardy · 9 April 2008 06:15 PM

It's passed both houses and is on to the governor, who says he will probably sign it.

If you're in FLA, you might want to note (a) some forms of this bill only covered CCW holders; I don't know what the final form does; (b) it would go into effect July 1.

Someone has to come up with a shorter title for this sort of legislation. "Bill that allows a person to have a gun in their locked car while at work and parked in the lot of an employer whose policies forbid having a gun in a parked car" is too long. "Castle Doctine," "No Retreat," "shall-issue" worked nicely, but these bills are hard to describe!

Reader Wrangler5 notes, in a comment blocked by the spam filter:

Imposing liability on the employer for disarming its otherwise lawfully armed employees would be a wonderful step, but it would have to extend to events beyond the employer's gate. If your employer wants you to leave your gun at home, then the employer should be liable while you are traveling between your home and work, as well as while you're on the company's property. Otherwise they just have to provide super security while you're inside their gates, but can force you to face the tender mercies of the "outside" world unarmed once you're gone.

Unfortunately this approach would fly in the face of about a hundred years of legislative efforts to LIMIT employer liability for employee injuries. Most state governments have come to the conclusion that a dead employee is worth about $10,000 (or whatever the worker's comp figure is in your state) and that's it. Employers count on this as an upper limit on their liability and have built it into their budget (somewhat subconsciously, as it's basically just part of the underlying insurance rates.) Opening the door to (relatively) unlimited employer liability would take a sea-change in thinking in the legislative process.

Permalink · State legislation · Comments (17)

SC lowers age for handgun purchase to 18

Posted by David Hardy · 4 April 2008 08:43 AM

Story here. It lowered the state age from 21 to 18; the federal age, for purchase from an FFL, remains 21.

FLA house passes gun in the car at work provision

Posted by David Hardy · 26 March 2008 04:14 PM

Story here. Basically, the measure would let CCW licensees keep a firearm in a locked car while they were at work, despite employers attempting to forbid it (i.e., in a company owned parking lot).

Newspaper supports reporting requirement for stolen guns

Posted by David Hardy · 23 March 2008 11:08 AM

Article here. The claim is that it would prevent straw men and illicit gun suppliers from claiming a gun had been stolen from them, after it turns up in crime. To my mind:

1) It's interesting that none of the calls along these lines ever come up with numbers, or even a single anecdote. How often, if at all, is a gun traced to an illegal supplier who claims it was stolen? If a supplier is making a living at it, you'd expect multiple crime guns to be traced to him, which would make repeat claims of theft rather suspicious. I haven't heard of a single case where this sort of thing happened, and the proponents of these bills seem unable to come up with one, either.

2) If they want to get the supplier, there is a simple way. Give the criminal user use immunity -- nothing he reveals can be used against him, hence no self-incrimination, but it can be used against someone else. Put him in front of the grand jury and ask where the gun came from. Then prosecute the supplier using his testimony. Then you have the supplier on something serious (under federal law, as I recall, supplying a gun with knowledge it would be used in crime carries a 10 year sentence), rather than misdemeanor failure to report, which would probably result in a modest fine.

FLA bill out of committee

Posted by David Hardy · 13 March 2008 11:01 AM

Marion Hammer of Unified Sportsmen of Florida, states that HB-503 was reported out of committee. That was a bill to prevent businesses from barring employees and customers from having guns in their cars while parked on premises. The bill was amended (over USF objection) to protect only employees who have CCW permits. (The same requirement does not apply to customers).

It's nice to live in Arizona

Posted by David Hardy · 12 March 2008 09:31 AM

Story here.

"An Arizona bill that would allow concealed guns on college campuses has gained national attention, sparking a debate over whether to let students and teachers arm themselves.

But it's only one of at least 15 measures in the Republican-led Legislature this year aimed at loosening gun controls in a state that has long had a fascination with firearms....."

Continue reading "Gov Kaine (VA) vetoes two pro gun bills"

Gov Kaine (VA) vetoes two pro gun bills

Posted by David Hardy · 5 March 2008 05:42 AM

One story here, of many. The two bills sound pretty inoccuous, even if the person looking at them was against arms. One (from news accounts) let a CCW carrier enter an establishment that serves alcohol, so long as he didn't drink any. The other seems to have provided that a firearm secured in some way in a vehicle is not concealed (which has been the law in AZ since 1977 without incident).

UPDATE: Reader Anthony Mowry sends a comment which wa for some reason stopped by the spam filter. I'll post it "below the fold."

Campus carry bill moving ahead in OK

Posted by David Hardy · 28 February 2008 11:03 AM

Reader Jay Norton writes:

Just a quick note to inform you of our efforts here in Oklahoma regarding campus carry. HB2513 by Jason Murphey (R-Guthrie) has passed out of committee by a vote of 14-2 and is headed to the House floor. NRA-ILA has picked up on this, and Mr. Murphey will be on Cam Edwards' show tonight at around 8:20 to discuss.

.50 cal ban

Posted by David Hardy · 26 February 2008 11:22 AM

A Hawaiian newspaper editorializes in favor of a .50 caliber ban. More nonsequiturs than I can easily count. The last one is simply, OK, it's not been used in crime, but we should ban it anyway rather than "wait for the carnage to occur."

Nebraska considering ban on nonhunting guns

Posted by David Hardy · 21 February 2008 08:45 PM

Or unduly dangerous guns. Or maybe military-looking guns. Anyway, whatever guns an appointed commission doesn't like. It actually has made it out of committee.

The sponsor's statements talk about "inherently dangerous" -- which any gun safety instructor will tell you, either includes all guns (if mishandled) or no guns, in good repair (if properly handled). And about focusing on "military-style" firearms, which "have no purpose for hunting."

Then the criteria (the standard pistol grip, etc.) have little to do with being inherently dangerous or not useful for hunting.

Permalink · State legislation · Comments (8)

West Virginia Senate passes Castle Doctrine

Posted by David Hardy · 20 February 2008 12:45 PM

Vote was 32-0.

VA kills gunshow bill

Posted by David Hardy · 18 January 2008 02:47 PM

Washington Post reports that a VA bill to require background checks of private sales at gunshows has died in committee.

GA Senate action

Posted by David Hardy · 17 January 2008 08:41 PM

The GA senate passed well, something. News report is only clear that it would let CCW holders carry in State parks. The original would have let employees store in locked cars on their employers' parking lots, but committee action (due to Chamber of Commerce objections) would have limited that, too, to CCW permittees. The news article says that it's limited to CCW holders who have permission from the employer. But that'd make little sense -- if you have the parking lot owner's permission, anyone can store a gun there. So I have no idea what the Senate bill would do in that regard.

News from GA

Posted by David Hardy · 16 January 2008 07:56 AM

This story is ambiguous (as well as misusing "diffuse" for "defuse"), but it sounds as if the Senate Rules Committee (a) restricted the bill to cover only CCW permittees who want to store a gun in their car while parked at work and (b) added a provision allowing CCW permitees to carry in State parks.

Georgia Senate fast-tracks bill allowing guns in business parking lots

Posted by David Hardy · 15 January 2008 12:55 PM

Story here. Rules Committee is apparently voting out a rule for its consideration.

SF handgun ban struck down

Posted by David Hardy · 9 January 2008 03:38 PM

Story here.

Via Ahab.

A call to lower costs of gun carrying in TN

Posted by David Hardy · 1 January 2008 10:02 AM

In the Nashville City Paper.

"Applying for a gun carry permit in this state costs a resident an initial $115. That comes on top of an instant-check fee of $10 and a sales tax of around 10 percent on a purchase that can run anywhere from a couple of hundred dollars to a couple of thousand dollars.

On top of all of this is an extra $100 to $150 for a gun safety class from a state licensed private business that offers them. Passing the class is a prerequisite to actually obtaining the gun carry permit....

The extra costs added by state government to even a modest purchase of a $300 used handgun can almost increase the purchase price by 50 percent in an area where permit classes are given for free. The government-related charges can literally double the entry price to carrying a handgun for self-defense where these classes are not offered by local police departments."

UPDATE: public benefit is a good point. I know there have been some critiques of Lott, with his replies, but I fear statistics at that level is beyond my judgment. I did note that the debate was between (1) more CCW permits lowers crime rates and (2) more CCW permits does not affect the crime rate. Not even Lott's critics were arguing that more CCW permits increase violence.

Proposed gun law for Cook County, ILL

Posted by David Hardy · 17 December 2007 09:24 AM

Text here. A quick skim indicates it's a conglomeration of every second amendment violation yet dreamed up, with some that have been hitherto undiscovered. Bans on carrying long arms, on laser sights, on "assault weapons," on handguns that don't have a myriad of safety features, even a ban on future registration of long arms. Oh, and vision tests before permits are issued, and a separate permit to own each firearm. And no private firearm sales, ownership of ammo other than for a registered gun outlawed, and any gunowner whose gun is used in a crime without his knowledge or intent (i.e., who has a firearm stolen and used in crime) must pay a $1000 fine.

Permalink · State legislation · Comments (15)

Gun free zone liability act

Posted by David Hardy · 11 December 2007 09:30 AM

Alan Korwin reports that bills have been introduced in AZ and GA to make entities that declare "gun free zones" liable for any harm caused by impairment of self-defense.

Update: I'm informed the GA bill is from 2003; there is no such bill pending there now.

Via Instapundit, who has in the past suggested you could get the same result under common law. It might be clearer now -- I mean, every mass killing I can remember occurred either in a gun free zone, or a place where the killer would expect no one to be armed (an Amish schoolhouse, a church -- the killer in the Colorado cases may have *thought* churches were gun-free in that state). And every mass killing that was stopped short was stopped by armed civilians, not by LE.

Also via Instapundit, SayUncle has an impressive list of armed civilians vs. mass killers.

Permalink · Self defense ~ · State legislation · Comments (12)

California bans .22 rimfire use in condor areas

Posted by David Hardy · 11 December 2007 08:42 AM

From the Ventura County Star:

"California hunting regulators Friday broadened a prohibition on lead bullets scheduled to take effect July 1, adding .22-caliber ammunition to the ban.

The new rules will apply only in those areas where the endangered California condor roams — generally, the coastal mountains from Monterey south to Ventura County and in the southern Sierra.

The action by the Fish and Game Commission follows enactment of a landmark law signed by Gov. Arnold Schwarzenegger this fall that bans the use of lead ammunition by deer hunters in the affected areas."

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Castle doctrine hearing in PA

Posted by David Hardy · 9 December 2007 11:49 AM

PA's House Judiciary Committee will be holding hearings on a castle doctrine bill Tuesday. Further info and contact data here.

Response in Philadelphia

Posted by David Hardy · 19 November 2007 08:16 AM

A letter to the editor responding to an editorial. In response to the killing of an officer, apparently an earlier editorial (1) laughed off mandatory sentencing for people who shoot LEOs as "feel good" legislation and (2) suggested one-gun-a-month as a real solution!

Trouble brewing in PA

Posted by David Hardy · 16 November 2007 12:26 PM

Governor Rendell is on a push again.

UPDATE: A call for attendance at the hearing. It's Tuesday, 10 AM.

Opinion on teacher's suit

Posted by David Hardy · 10 November 2007 09:28 AM

In pdf, here. The court rules against the teacher's interesting argument that the state pre-emption statute, which forbids local units to pass gun-related "ordinances," bars the school district's employment policy that teachers cannot pack. The court rules that a policy of this type is not within the ordinary meaning of "ordinance," is known to and applies only to teachers, who take their jobs subject to it.

Here's her attorney's webpage on the case, with pleadings.

Permalink · State legislation · Comments (13)

At least some good news from California

Posted by David Hardy · 18 October 2007 05:37 PM

LaMalfa Bill to Prevent Firearm Confiscation Signed:
National Rifle Association Praises LaMalfa Bill

SACRAMENTO – Assemblyman Doug LaMalfa’s AB 1645 was signed into law over the weekend by Governor Arnold Schwarzenegger. The legislation prevents state and local government from confiscating firearms from law abiding citizens during emergencies.

During the State of Emergency after Hurricane Katrina, New Orleans officials issued confiscation orders for all firearms, including those possessed by law abiding citizens trying to protect themselves and their property. The confiscation left law abiding citizens at the mercy of armed thugs and looters, with little hope of protection by law enforcement. Many residents of New Orleans are still waiting to get their guns back and are currently suing the City of New Orleans over the confiscations.

“The most basic cornerstone of our liberty and safety is the ability and right to own and keep firearms,” said Assemblyman Doug LaMalfa. “What more basic need is there than to protect the safety of your family in a time of emergency? Firearms are the most immediate form of protection for families in an emergency. Law enforcement cannot be everywhere and the ability of individuals to protect themselves and their families from would-be-criminals is vital.”

National Rifle Association Chief Lobbyist Chris Cox said, “In passing this law, Assemblyman LaMalfa and California’s General Assembly acted to protect the rights of law-abiding gun owners when their rights are most vital. During a time when there is no 9-1-1 or police upon which to rely, honest citizens will never again have to worry that their only means of self protection from looters or thugs will be taken away by the government.”

“On behalf of our thousands of NRA members in California, I want to thank Assemblyman Doug LaMalfa for his leadership and commitment to bringing the ‘Emergency Powers’ bill to passage in both chambers of the General Assembly,” concluded Cox. “His support was instrumental in seeing this fundamental protection signed into law.”

Assemblyman Doug LaMalfa is a lifelong farmer representing the Second Assembly District including Shasta, Tehama, Butte, Colusa, Glenn, Modoc, Siskiyou, Sutter and Yolo counties.

California microstamping bill

Posted by David Hardy · 16 October 2007 08:38 AM

I was so busy on a case yesterday that I didn't mention that the Calif. "microstamping" gun bill was signed into law. There's already a lively debate at CalGuns on whether it will have any effect within our lifetimes because (1) the requirement doesn't activate until microstamping is outside of patent protection and (2) a company has a patent on it that runs until around 2023.

Hat tip to Paul Nelson...

UPDATE: see the comment by David Codrea. The patent holder says he will make it available to domestic mfrs without paying a royalty.

Fed. court voids law forbidding employers to ban guns in parking lots

Posted by David Hardy · 8 October 2007 12:29 PM

The Tulsa World a federal court struck a pro-gun State measure. OK passed a law forbidding employers to ban guns in locked cars in their parking lots. ConocoPhillips and some others sued in federal court to strike it. The federal district court bought their argument that the state law conflicted with the federal 1970 Occupational Health and Safety Act, which requires employers to minimize workplace risks.

Hat tip to Joe Olson.

Permalink · State legislation · Comments (16)

Trouble over CN gun permit

Posted by David Hardy · 8 October 2007 11:09 AM

Story here. Basically, a fellow had a gun permit (I'm assuming CCW was covered), someone sees his gun while he's dining, calls police, who for some squirrelly reason arrest him under the "disorderly conduct" catch-all. His permit is revoked.

Charges are quickly dropped -- but then he's told that it will take until May 2009 to get his permit restored! The story also notes that a member of the state Board of Firearm Permit Examiners, has filed his own suit, because he was told that his permit can't be renewed until November 2008.

Councilman breaks CA gun laws, discusses it on radio

Posted by David Hardy · 27 September 2007 08:43 AM

Story here.

Update: Henry Bowman comments (and was blocked by the spam filter for some reason:

Ha ha ha! Perhaps Ken Murray should give John Rosenthal and Steve Bailey a ring. They could all meet somewhere, have triple dry half-caf extra-hot sugar-free vanilla soy lattes, and swap stories about how oppressed they are by the NRA (who never wrote or lobbied for a single one of the gun laws they broke).

California ...

Posted by David Hardy · 8 September 2007 09:19 AM

Let's see... it just banned lead projectiles in condor habitat, and enacted a microstamping requirement, all in the same week.

Calif. forbids gun confiscations in an emergency

Posted by David Hardy · 6 September 2007 09:26 PM

There may be hope for the People's Republic yet.

It is interesting, tho, that it passed the Senate on 21-16 vote, and one of its opponents complained that "They want to do anything they possibly can to see there is no way we can control guns in our society."

Calif. forbids gun confiscations in an emergency

Posted by David Hardy · 6 September 2007 09:26 PM

There may be hope for the People's Republic yet.

MO abolition of purchase permit soon to take effect

Posted by David Hardy · 23 August 2007 06:52 PM

Tuesday, to be precise. It had been a requirement since 1921.

Interesting debate in Kennesaw

Posted by David Hardy · 21 August 2007 03:06 PM

Kennesaw GA just rescinded its ban on guns in parks, citing the state pre-emption law, after GeorgiaCarry.org filed suit.

The original ordinance strikes me as rather anomalous since (1) this IS Kennesaw, after all, and (2) GA requires a permit to carry openly or concealed, so anyone lawfully carrying in a park would have had to get a permit and background check first.

Here's the website for GeorgiaCarry.org.

Gun permits in Mass. dropping

Posted by David Hardy · 13 August 2007 06:31 PM

The number of gun permits in Massachuetts has fallen by 25% over the last six years and by 30% in Boston. And officials are rejoicing:

"While some law enforcement officials praise the decline, police, politicians and antigun advocates caution that there are still plenty of illegal guns on the streets... "Fewer firearms on the street makes life safer for everyone," said Robert F. Crowley, Quincy's police chief."

""We're pleased that the number of gun owners has decreased in our city, but the real issue is illegal guns, and we need more laws to deal with illegal guns in our cities," Mayor Thomas M. Menino of Boston said in a statement."

It also recounts the case of a 70 year old man who was denied a permit -- because at age 9, he was convicted in juvenile court of stealing a chicken.

Baltimore proposes public registry for gun offenders

Posted by David Hardy · 24 July 2007 11:19 AM

Story here. As if that would do any good. Two interesting responses: FOP points out the obvious: it'll cost money and have no effect. A dean from the U of Penn. points out -- on the street, being on the registry might improve your image. "You ain't no gangsta' -- I looked up your name on the registry and you ain't there." "So, my probation officer screwed up."

Foster care firestorm in Oregon

Posted by David Hardy · 23 July 2007 09:34 AM

Story here. The state agency handling adoptions issued rules limiting firearm possession by foster parents. The Attorney General ruled that the rules violated the State pre-emption statute.

Illinois legislative news

Posted by David Hardy · 10 July 2007 09:18 AM

Governor Blagojevich suddenly advocated magazine size limitiations, just at a moment when he needs to distract attention from budget woes and his proposal for a $7 billion tax increase. Story here.

Continue reading "Lead ammo ban at issue in CA"

Lead ammo ban at issue in CA

Posted by David Hardy · 2 July 2007 06:03 PM

The Calif. Rifle and Pistol Ass'n is circulating an alert (below the fold here) on a bill that just passed the Assembly, which would ban use of lead centerfire ammo for hunting within California Condor range, which is a large portion of central and southern California.

AZ gun bill passes House

Posted by David Hardy · 29 May 2007 02:11 PM

Alphecca has the report.

Conflict in PA

Posted by David Hardy · 23 May 2007 12:18 PM

Bloomberg's mayors are putting on a push in Pennsylvania, but the legislature is pushing back.

VA governor Kaine on gun laws

Posted by David Hardy · 23 May 2007 11:11 AM

I hope the DC Examiner got the story wrong, but it claims the Gov. is "troubled that Virginia law allows any individual to stockpile ammunition with no way for authorities to monitor the cache," because Cho had 377 rounds of ammo.

377 rounds? With a Thompson, that's gone in under half an hour.

Update: reader William Taggart points out that, according to this news story, 15 guns is "an arsenal of weapons."

Permalink · State legislation · Comments (13)

Ill FOID cards for toddlers

Posted by David Hardy · 16 May 2007 08:04 AM

People get them, for various reasons.

Big changes in Missouri

Posted by David Hardy · 15 May 2007 10:43 AM

Alphecca has the report.

[Hat tip to Instapundit]

TN expands self-defense, etc.

Posted by David Hardy · 4 May 2007 09:01 AM

Tennesee's legislature just expanded its "no retreat" law, and barred firearms confiscation in emergencies. Story here.

Kansas house passes override on pre-emption

Posted by David Hardy · 27 April 2007 01:35 PM

The Kansas House voted 98-26 to override Gov. Sebelius' veto of a pre-emption bill. The Senate vote is expected today.

[Link fixed... thanks]

Arizona legislative moves

Posted by David Hardy · 24 April 2007 10:12 AM

The morning paper reports that the House voted out SB 1166, which makes retroactive changes to self-defense legislation (basically shifting the burden to the prosecution once the defense puts on some credible evidence of self-defense).

It also passed a bill establishing a volunteer militia that can be called up by the governor in times when the Nat'l Guard is called into federal service.

Texas gets "no retreat law"

Posted by David Hardy · 28 March 2007 11:46 AM

Texas governor Rick Perry has signed a no-retreat law.

VA passes anti-entrapment bill

Posted by David Hardy · 24 March 2007 08:50 AM

VA has passed the bill forbidding private entrapment of gun dealers, HB 2653. I'm informed it was signed into law yesterday.

DC City Council hearings on gun law

Posted by David Hardy · 22 March 2007 07:08 AM

Here's a report.

Why is the DC Council even hearing (and Marion Barry even proposing) a (temporary) repeal of its handgun prohibition? I dunno. To moot the Parker case, and prevent it from doing the damage it might do, in a Supreme Court appeal, to the antigun cause? Or because they doubt the gun law's effectiveness? Either motivation would require more judgment and foresight than I'd easily credit to Barry or the Council. I have no third explanation.

Permalink · State legislation · Comments (10)

Post mortem on Maryland "assault weapons" bill

Posted by David Hardy · 20 March 2007 05:13 PM

The Armed Canadian has it. Sounds like a stupid and oppressive bill may have been made worse by inept drafting.

Md "assault weapon" bill dies in committee

Posted by David Hardy · 16 March 2007 02:25 PM

Brady Campaign is outraged, and calling upon members to call Md Senator Jim Brochin at 410-841-3648 to protest his vote against the bill, which led to it dying in committee on a 5-5 vote.

Cleveland suing Ohio over pre-emption

Posted by David Hardy · 14 March 2007 09:43 PM

Cleveland is suing Ohio over the recent State pre-emption law.

Texas Senate approves Castle Doctrine

Posted by David Hardy · 13 March 2007 11:28 AM

The Texas Senate passed a "Castle Doctrine" bill by a 30-0 vote.

Utah guns on campus & choosing roommates

Posted by David Hardy · 1 March 2007 11:19 AM

Utah has passed a statute allowing guns on campus, and also allowing students to pick a roommate who doesn't have a CCW license if they desire.

[Hat tip to Dan Gifford]

AZ makes self-defense bill retroactive

Posted by David Hardy · 28 February 2007 06:04 PM

The Arizona legislature has passed SB 1302, making its earlier self-defense improvements retroactive, covering any cases that had not gone to verdict by April 24, 2006.

That underscores a point about drafting statutes... ALWAYS put in a "saving clause" that says exactly what the bill affects, time-wise. Does it only relate to events that occured after enactment, or only to cases filed after its enactment, or to cases that were already in the pipeline?

Texas "no retreat" bill out of committee

Posted by David Hardy · 28 February 2007 12:03 PM

The Lone Star Times has a good discussion.

Montana votes down expanded self defense bill

Posted by David Hardy · 26 February 2007 01:46 PM

The Billings Gazette has the story.

Another NY arrest in violation of FOPA

Posted by David Hardy · 25 February 2007 04:01 PM

The Firearms Coalition is reporting the case of a lady who, after visiting friends in Vermont, checked her gun in at the airline ticket counter in NY, and was promptly arrested.

The Firearm Owners Protection Act inserted a clause to forbid this manner of enforcement. 18 US Code 926A provides:

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console."

Of course, NY authorities disregard that law at will. There's already one suit for damages against them on it.

Things getting lively in People's Republic of California

Posted by David Hardy · 16 February 2007 09:10 AM

The Legislature is back, and pumping further AW bans, criminalizing failure to report theft, licenses for selling ammo, microstamping, etc.

(It is strange that one legislator is denouncing the AR-15 -- as I recall, they've been banned for years in CA).

GA House passes bill allowing arms in cars in parking lots

Posted by David Hardy · 12 February 2007 04:14 PM

Here's the story. It passed 138-30. No surprise here:

"Urban and liberal Democrats lined up to express concerns that the rule change could lead to more bloodshed, while Republicans and conservative Democrats described the measure as a way to increase personal rights and safety."

Marion Barry proposes lifting DC handgun ban

Posted by David Hardy · 7 February 2007 09:18 AM

File this under blizzard reports from hell--

The Washington Times reports that former DC mayor, and present city councilman, Marion Barry, has proposed lifting the city's handgun ban, and allowing an amnesty period for gun registration. Maybe it's a battlefield conversion: "Mr. Barry, who was robbed at gunpoint in his Southeast apartment in January 2006..."

Firearm Ed. in West Virginia

Posted by David Hardy · 27 January 2007 05:02 PM

W.V. Sen. Mike Green has sponsored a bill to make firearms safety training an elective course.

Cook County "AW" Ban

Posted by David Hardy · 27 January 2007 01:53 PM

Ill. State Rifle Ass'n has an an outline of the new Cook County "assault weapon" ban, which on the face of it seems to outlaw most semi-auto shotguns, and might just ban all semi-auto rifle as well.

Continue reading "Worst gun law ever?"

Worst gun law ever?

Posted by David Hardy · 26 January 2007 11:05 AM

That's what Alan Korwin terms it. Text of the AZ bill, which happily stands not a chance, is in extended remarks below, together with a note on the space cadet legislator who introduced it. Here's World Net Daily's take on it.

Proposed AW ban in Maryland

Posted by David Hardy · 23 January 2007 11:55 AM

A broad "assault weapon" ban is proposed in MD, and it sounds as if sportsmen are up in arms.

Continue reading "Cost of pistol permit in NYC"

Cost of pistol permit in NYC

Posted by David Hardy · 18 January 2007 04:06 PM

Just got an email from a friend on the cost of a NY City pistol permit (generally only premises permits are issued, that don't let you carry one). The cost: $340 for the license plus $99 for the fingerprinting fee, a total of $439.00. And it has to be renewed every three years.

Permalink · State legislation · Comments (8)

"Nutter" crime plan

Posted by David Hardy · 16 January 2007 09:40 AM

Philadelphia Mayoral candidate Michael Nutter is going to unveil crime plan. It involves declaring a "crime emergency," under which he'd have some power to do away with inconveniences such as the Bill of Rights.

"Three months ago, Nutter publicly urged Mayor Street to declare a crime emergency. Street has repeatedly rejected this idea, focusing on violence-reduction programs and other efforts.

If such a declaration was made, the city would be empowered to limit or prohibit sidewalk or other outdoor gatherings; halt or limit cars and trucks within targeted neighborhoods; establish a curfew; and prohibit anyone from publicly selling, carrying or possessing any weapons."

Gun law proposals in Pennsylvania

Posted by David Hardy · 11 January 2007 08:56 AM

According to Fox News,

"Among the measures included in the bill package: limiting handgun purchases to one a month, banning the sale of military-style weapons, providing law enforcement with new investigative tools, tougher bail and sentences for violent crimes and repeat offenders, letting communities enact their own gun laws, and requiring gun owners to report lost or stolen guns to police."

The Philadelphia Inquirer adds that the sponsor "said he had a commitment from the new Democratic chairman of the Judiciary Committee to at least allow the measures to come up for a vote on the floor of the state's House of Representatives. "

Maryland gun law sentence

Posted by David Hardy · 10 January 2007 09:55 AM

A Maryland collector has been sentenced to 18 months in jail for violating state gun laws.

Permalink · State legislation · Comments (11)

Boston Mayor proposes more Mass. gun laws

Posted by David Hardy · 8 January 2007 09:31 AM

Boston mayor Menino is keeping busy.

"Menino wants to suspend the driver's licenses and revoke the vehicle registrations of people convicted of firearms violations. The mayor hopes the stricter laws will not only reduce violent crimes, but also warn police pulling over cars that the driver may be carrying guns."

Texas proposes Castle Doctrine/no retreat law

Posted by David Hardy · 31 December 2006 10:50 AM

Rep. Joe Driver has introduced HB 284. The Dallas Morning News has the story.

Michigan passes Emergency Powers Protection Act

Posted by David Hardy · 31 December 2006 10:37 AM

Michigan passed an emergency powers protection act, forbidding state and local governments from seizing lawfully-owned firearms during an emergency... it passed unanimously in the House and 37-1 in the Senate.

The bill is now on Governor Granholm's desk, and firearm groups are urging Michigan residents to contact her by phone at (517) 373-3400, or (517) 335-7858; by fax at (517) 335-6863; or by e-mail via her webpage.

Ohio pre-emption

Posted by David Hardy · 27 December 2006 12:20 PM

The Columbus Dispatch has a story on the legislature's pre-emption of firearm laws and other local measures. Most of which sound like they needed to be pre-empted, IMHO.

Text of Ohio bill

Posted by David Hardy · 18 December 2006 08:14 AM

Here's the text of the Ohio bill that was passed over the governor's veto.

More on Ohio veto overrride

Posted by David Hardy · 13 December 2006 07:57 AM

From the Columbus Dispatch:

"This is the first veto override since the legislature overturned the veto of a line item in a budget in 1986, according to Ohio Senate officials.

The Legislative Service Commission said it is the first override of an entire bill since 1977."

Gov. Taft veto is overidden!

Posted by David Hardy · 12 December 2006 12:42 PM

The Ohio Senate just passed the override. Here's the story.

Article on NY State gun law

Posted by David Hardy · 10 December 2006 09:50 AM

Here it is. Interesting on several levels. If a permit holder dies, his or her family are expected to turn in their guns to police within two weeks (they can then be sold to other permit holders). But since there is no way police are informed when a permit holder dies, they have no idea how often this isn't done.

And on the side is a helpful link: "See listings of the pistol permit holders in Westchester and Rockland." Wonder if burglars have internet capabilities out there?

Vermont officials speak out

Posted by David Hardy · 8 December 2006 10:16 AM

The Vermont Guardian has the story, as VT officials stick to their guns, as it were.

Interesting quote from Bloomberg's office:

“He [Bloomberg] has no quarrel with the Second Amendment,” said Lam. “He does not wish to restrict anyone from buying legal, licensed handgun or rifle and has never advocated to pass additional federal laws that would be viewed as being gun control.”

Ohio pre-emption: veto and override vote

Posted by David Hardy · 7 December 2006 03:55 PM

Governor Taft vetoed the bill this morning, and the Ohio house passed an override this afternoon. It goes to the senate, where the vote will be close. Story here.

(Link fixed--thanks)

Ohio pre-emption bill would knock out 80 ordinances

Posted by David Hardy · 5 December 2006 06:18 PM

The Columbus Dispatch is reporting that the recently-passed Ohio pre-emption law would invalidate 80 local gun ordinances (five in Columbus alone). That is, if it's not vetoed.

Great quote from Toby Hoover, of the Ohio Coalition Against Gun Violence: "Once they pass a law to allow carrying concealed weapons, they keep coming back year after year until the laws are all gone."

Ohio gov says he'll veto pre-emption

Posted by David Hardy · 29 November 2006 06:15 PM

A spokesman for Ohio governor Robert Taft says he will veto any pre-emption bill.

Pre-emption passes Ohio Senate

Posted by David Hardy · 29 November 2006 01:37 PM

Ohioans for Concealed Carry reports that the pre-emption & CCW changes have passed the State Senate, and been reported out of committee in the House, and will with luck be passed this week. (Whether the governor vetoes may be another question).

Negotiations in Ohio

Posted by David Hardy · 28 November 2006 08:34 AM

The Columbus Dispatch reports on negotiations over gun legislation in Ohio.

It sounds as if statewide pre-emption is the issue, and the Highway Patrol wanted, in exchange, a requirement that CCW permittees carry openly while in vehicles. Highway Patrol agreed instead to an increased penalty for failure to inform an officer, during a traffic stop, that the permittee has a firearm.

Does seem a tempest in a teapot, since I doubt there has ever been a case, anywhere in the US, of a permittee drawing on an officer, let alone doing so in a traffic stop. Fugitive felons do that, but fearing that someone (already checked out and found to have no significant criminal record) might murder an officer to prevent getting three points on his driving record is a bit much.

Whoops...

Posted by David Hardy · 22 November 2006 10:03 AM

New York prosecutors just discovered a little problem in the recent exercise of "let's see what additional gun laws we can enact in New York."

It's a Class C felony to threaten to use an illegal, loaded, gun against another person. But somebody botched the drafting of the new law, and now it makes it a misdemeanor to do the same in a home..

Massachusetts, Brady, and reasonable gun laws

Posted by David Hardy · 21 November 2006 09:11 AM

Let's see... Massachusetts has police permit requirements for obtaining any guns, including rifles, storage requirements, effectively a long waiting period (it takes weeks to get the permit), a year's mandatory imprisonment for first-offense carrying without a permit or with an expired permit, limits on large magazines, etc., etc.

But Brady Campaign hasn't folded its tent there and proclaimed it's gotten enough. Instead, it's calling for more.

"Dan Vice, a staff attorney with the Brady Campaign, which advocates for gun control, said Massachusetts needs to establish a statewide registry of legally owned guns. He also urged the state to restrict gun purchases to one per month.

"The good news is Massachusetts has been a model for the nation, but much more can be done," he said. "

UPDATE: I should have said that carrying with an expired permit can land you in jail for a year. The first prosecution under the law as I recall, back in the 70s, was of a fellow who had a carrying permit, but had let it expire. He decided to pawn the gun, in order to buy a class ring, and got stopped on the drive, with the firearm in plain view and the permit expired. He got the year in jail.

3.5 years for gun possession in NY

Posted by David Hardy · 31 October 2006 03:17 PM

Mayor Bloomberg is celebrating an amendment to NY gun laws that rules out probation, and imposes a 3.5 year sentence, for possession of a loaded firearm without a permit.

MA gubernatorial debates turn to castle doctrine & gun laws

Posted by David Hardy · 25 October 2006 07:23 PM

The transcript is here.

Interesting that the castle doctrine (or as Brady calls it, the "shoot first law") plays that well even in Boston.

Clash over gun laws in PA

Posted by David Hardy · 11 October 2006 02:40 PM

PA's gubernatorial candidates are slugging it out on gun control. the Philie Inquirer has the story, with spin.

PA rejects gun laws

Posted by David Hardy · 3 October 2006 10:17 AM

The PA legislature has voted down most of the proposals for gun laws brought before it. One-gun-a-month remains up for a vote. Most of the margins were overwhelming.

Hat tip to Dan Gifford...

PA rejects gun laws

Posted by David Hardy · 3 October 2006 10:17 AM

The PA legislature has voted down most of the proposals for gun laws brought before it. One-gun-a-month remains up for a vote. Most of the margins were overwhelming.

Hat tip to Dan Gifford...

Proposed Calif laws

Posted by David Hardy · 3 October 2006 09:06 AM

California -- let's see. The Legislature turned down microstamping, I'm told, then passed two bills stopped by the governor's veto. Here's a webpage on what's still pending.

Glad I live elsewhere.

Gov. Schwarzenegger drops a veto on two antigun bills

Posted by David Hardy · 2 October 2006 01:51 PM

Via a Calif. Rifle & Pistol Assn email:

AB2714 (TORRICO) INTERNET/MAIL ORDER AMMUNITION SALES ID REQUIREMENT
This bill would provide that no ammunition or reloaded ammunition could be delivered via the INTERNET/Mail order pursuant to a retail transaction unless the purchaser personally presents clear evidence of his or her identity and age to the seller of the ammunition. This bill also repeals a provision of current state preemption law that restricts local governments from regulating the sale of ammunition.

To the Members of the California State Assembly:
I am returning Assembly Bill 2714 without my signature. It is important to ensure that minors do not use mail-order or internet sales to obtain access to items prohibited under current law that could be dangerous if used improperly. However, current law already requires sellers to verify the age of a purchaser who wishes to buy ammunition at the time of sale. By adding a new requirement that retailers ensure third party verification of the identity of the purchaser at time of delivery, this bill could inadvertently subject legitimate retailers to criminal penalties for actions that they have no control over. As a result, this bill could be counter productive by providing a negligible benefit to public safety while concurrently discouraging legitimate business. In addition, this bill would allow local governments to enact their own measures governing the sale of ammunition if they are stricter than state law. Statewide uniformity of the laws regulating firearms is critical to public safety. By allowing local governments to proliferate local measures regarding the sale of ammunition that significantly differ from state law, this bill could result in inconsistent regulation, interpretation, and enforcement of firearms laws by businesses, law enforcement, and the public. For these reasons, I am returning this bill without my signature.
Sincerely,

Arnold Schwarzenegger

SB 59 (LOWENTHAL) HANDGUN LOSS OR THEFT REPORTING
This bill would make it an infraction for any person whose handgun is stolen or irretrievably lost to fail, within 5 working days after his or her discovery or knowledge of, or within 5 working days after the date he or she should reasonably have known of, the theft of loss, to report the theft or loss to a local law enforcement agency of the jurisdiction in which the theft or loss occurred or in which the person resides. This bill also repeals a provision of current state preemption law that restricts local governments from creating a patchwork of laws regarding reporting lost or stolen firearms.

To the Members of the California State Senate:
I am returning Senate Bill 59 without my signature. While I share the Legislature's concern about the criminal use of lost or stolen weapons, the ambiguous manner in which this bill was written would make compliance with the law confusing for legitimate gun-owners and could result in cases where law-abiding citizens face criminal penalties simply because they were the victim of a crime, which is particularly troubling given the unproven results of other jurisdictions in California that have passed similar measures. In addition, this bill may have undesirable legal consequences as it allows local governments to pass ordinances that differ from State law, thereby leaving law-abiding citizens with the task of navigating through a maze of different or conflicting local laws depending upon the jurisdiction they are in. A patchwork of inconsistent local ordinances creates compliance and enforcement problems that erode the States ability to effectively regulate handguns statewide. For these reasons, I am returning this bill without my signature.
Sincerely,

Arnold Schwarzenegger

LA to consider criminalizing failure to report theft

Posted by David Hardy · 25 September 2006 07:51 PM

Calif. Rifle & Pistol Assocation reports that the LA city council will consider a measure making it a crime to fail to report a lost or stolen firearm within 48 hours.

The strange part about those laws to me is -- why wouldn't a person report a theft? The logical reason is that they know it's wasted effort since it won't be investigated. Police are overloaded with theft reports, and really can't take much time. I've reported two thefts that I recall. In one, a detective did call back and said he would check pawn shop reports for the sertial numbers. In the other, the theft was from a glove compartment, I offered to drive it down to the PD parking lot so they could fingerprint the inside of it without having to do anything other than come out of the office. They declined, giving me some tale that fingerprints "evaporate" and thus would already be gone. My father had one gun theft, and never bothered to report it since, he observed, nothing would be done anyway.

Ill. statute -- self defense as defense to gun law allegations

Posted by David Hardy · 23 September 2006 07:57 PM

Illinois has an interesting statute -- while they don't have statewide pre-emption, the fact that a person used a gun in self-defense (on their own land) is an affirmative defense to a charge under local gun laws. I suppose it is a bit peculiar, but one practical way to deal with the situation where a citizen self-defends, and gets charged with a gun law violation.

Illinois

(720 ILCS 5/24-10)

Sec. 24-10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self-defense or defense of another as defined in Sections 7-1 and 7-2 of this Code when on his or her land or in his or her abode or fixed place of business.

(Source: P.A. 93-1048, eff. 11-16-04.)

Proposal for "shall issue" CCW in New York

Posted by David Hardy · 7 September 2006 09:16 AM

Emphasis on proposal. I think Brady has an accurate assessment of its chances: "Oh yeah, that's going to happen when hell freezes over," a spokesman for the Brady Campaign to Prevent Gun Violence, Peter Hamm, said.

One more reason I'm glad to live in Arizona.

WaPo on NRA and state legislation

Posted by David Hardy · 4 September 2006 11:55 AM

An interestingly unbiased article at the Washington Post.

I'd made one addition -- the article compares NRA's expenditures of $180 million to Brady's of $10 million. A better comparison would be compare Brady to NRA-ILA, which last I saw had a budget of about $15 million. ILA is NRA's federal and state lobbying, research and member info on legislative issues, PR and legal on the same. Brady Center doesn't have to worry about national matches, police training, firearms training, four or five magazines, a firearms technical branch, a range design division, etc., which is where the bulk of NRA expenditures go.

Continue reading "Another head's up for Californians"

Another head's up for Californians

Posted by David Hardy · 29 August 2006 06:31 PM

CSRPA's Alert is in extended entry, below. The bill to microstamp guns has apparently had an amendment added that would require serial numbers on bullets.

Events in New York

Posted by David Hardy · 27 August 2006 10:40 AM

In NY, Atty General candidate Mark Green touts his stuff, said stuff including support for Bloomberg's lawsuits and a lot more.

The Boston Globe has an article praising the lawsuits, suggesting Boston might try the same, while admitting NY had an advantage -- a judge with an agenda:

"Equally significant, the city filed its suit before federal Judge Jack B. Weinstein of the Eastern District of New York, a judge who is notoriously sympathetic to claims that the industry is responsible for illegal gun traffic."

Sheriffs oppose Calif. microstamping bill

Posted by David Hardy · 25 August 2006 09:57 PM

The sheriffs of Riverside, Kern, Orange, Mendocino, Modoc, and Tehama Counties have opposed the microstamping bill passed by the California senate.

Calif Senate passes "microengraving" bill

Posted by David Hardy · 24 August 2006 08:35 PM

The California Senate, 22-18, passed a bill to require semiauto handguns to have a feature that microengraves serial numbers onto bullets.

It of course takes under a minute to swap barrels on most semiautos (assuming the gun isn't stolen in the first place). What's also interesting is that unless mfrs adopt special machining for California semiautos, they probably won't sell to law enforcement there, either.

Permalink · State legislation · Comments (12)

Gun law session in PA

Posted by David Hardy · 22 August 2006 09:58 AM

PA legislators are having a session on gun legislations on Sept. 26. It's reported to be some manner of session where votes will be taken, but will not count -- never heard of one of those before this. If the newspaper reporter is correct, it doesn't sound like much wll happen anyway.

Interesting 1866 case

Posted by David Hardy · 20 August 2006 05:48 PM

Thanks to a query from Don Kates, I found an issue of Case and Comment from the 1970s that cites a case of some historical interest.

In 1861, Tennessee's confederate government passed a bill that empowered the governor to designate persons in each county to round up all arms. Since it was a bill relating to a Department of Ordinance, I'd assume the purpose was to get arms for the military, although it might have been applied with more vigor to areas such as eastern TN, that weren't sympathetic to seccession. After the war's end, a fellow whose rifle was taken sued the person who took it, and won.

The state Supreme Court affirmed in Smith v. Ishenhour, 43 Tenn. 214 (1866). The court ruled that the statute had "utterly disregarded" the state constitution, which protected a right to keep and bears for the common defense. "This is the first attempt, in the history of the Anglo-Saxon race, of which we are apprised, to disarm the people by legislation." Accordingly, judgment for the plaintiff was affirmed.

Maine vs. Mass gun laws

Posted by David Hardy · 6 August 2006 05:59 PM

A reasonably balanced article on claims by Massachusetts that Maine's more liberal gun laws are a problem for them.

On the other hand, since Boston is on a roll for its highest murder rate in a decade, while Portland had a murder rate of 2 per 100,000, one might wonder whether Massachusetts might want to adopt Maine's laws.

Hearing in PA

Posted by David Hardy · 3 August 2006 10:17 AM

The PA Senate Judiciary Committee held headings this week on a theme of more gun laws (of course).

Additional New York City laws

Posted by David Hardy · 30 July 2006 07:52 PM

Alphecca goes into the latest spate of New York City ordinances. NYC has again decided that its laws are, well, just too lenient and loose. Or, to be more cynical, its poliiticians decided that being seen as busy would be a good thing, and so they had to invent more regulations atop those that already exist.

Two caught my eye.

1. A ban on paint kits that could be used to make a real gun look like a toy. Exactly what these "paint kits" are and who is selling them a bit of a puzzle. I assume they aren't banning all orange paint.

2. A limit of one gun every three months. Hmmm... the idea of "one gun a month" was supposed to be stopping people from buying several guns in states with moderate gun laws and taking them to states with stricter gun laws. But does NYC really have a problem with people going there to buy guns legally and then smuggling them to ... Arizona and Nevada?

Continue reading "Heads up for Californians"

Heads up for Californians

Posted by David Hardy · 17 July 2006 04:54 PM

I rec'd, via Joe Olson, an email sent by the Fifty Caliber Institute. See "read more" below.

[JT responds to Sarah in a comment for some reason stopped by my spam blocker. His response:

Sarah Brady wrote "Handguns should be treated like cars in that owners would be licensed and handguns would be registered."

I would like to see handguns covered by as FEW restrictions as cars. To wit:
no limit on how many may be purchased at one time;
no age limit to purchase;
no record of sale/purchase kept by government;
no registration or insurance needed to operate on private property;
able to take car from one state to another without restriction;
no limit on how many cars one person may own; owner-built cars are legal to possess;
driver's license allows one to drive cars in all states and DC - but not required to operate on private property;
individual states do not have unique and conflicting safety standards for cars;
safe operation taught in public schools;
etc.
etc.
etc.

While I would LOVE to see all gun laws abolished, treating handguns like cars would be a significant step in drastically reducing the amount of government control of handguns - I could settle for that as an intermediate step towards restoration of the second amendment.

Permalink · State legislation · Comments (41)

NYC proposes "gun offender registry"

Posted by David Hardy · 13 July 2006 11:30 AM

In its continuing question to think of something else to do in the way of gun control, NY City is proposing a gun offender registry, similar to sex offender registries. Budd Schroeder emailed me the text, which is in the "read more" section below.

Continue reading "NYC proposes "gun offender registry""

PA plans special session on gun laws

Posted by David Hardy · 9 July 2006 10:52 AM

Pennsylvania's legislation plans a one-day special session on September 26, aimed at gun law proposals. Items likely to come up are one-gun-a-month and exempting Philadelpha from state pre-emption.

Indiana goes to lifetime gun carry permits

Posted by David Hardy · 6 July 2006 01:18 PM

Indiana requires permits for handgun carry, and has just created a lifetime permit.

As the article notes, police continue to track conviction records and compare them to the list of permit holders, and can revoke them if a holder is convicted (just as they do now--they don't let the permit run on for the full four years if a disabling conviction is found.) So you'd think the promoters of gun laws would ignore the change

But with its knee jerk reflex to anything resembling making gun laws easier on the gun owner, Brady Campaign complains that it is "ludicrous" and that "some gun owners ought to be checked out every four years."

Interesting legislative move in AZ

Posted by David Hardy · 22 June 2006 10:49 AM

Earlier this year the Arizona legislature passed a bill that would rule out firearm confiscation in the wake of a natural disaster. The governor vetoed it on the ground that it'd never happened here, and was unlikely to. (The governor has signed some very pro-gun bills, but has a track record of vetoing things that would limit the governor's authority).

According to this report, a state Senate committee has reported out a proposal to make it a referendum, to be voted upon in the next election.

Pretty clever. (1) As I recall, under the state Constitution a measure passed by referendum can only be repealed by referendum -- you might say it's one step short of a constitutional provision, since the Legislature has no power to repeal it. (2) A referendum energizes voters who might otherwise sit out the election, and I'd wager that 99% of persons motivated by this vote would be pro-gun (and, more to the legislators' interest, convervative and Republican. Not that I'm cynical or anything...)