State legislation
SAF files against Illinois yet again....
SAF, Illinois Carry, and Illinois State Rifle and Pistol have filed Culp v. Madigan (C. D. Ill.), challenging a feature of the new handgun carry permit system, adopted in the wake of prior legal challenges. The new system, for reasons that seem hard to understand, says that nonresidents can only apply for a carry permit if their own State has a handgun carry permit system substantially identical to that of Illinois. Attorney is David Sigale.
The suit should be a winner. It's hard even to understand how that limitation got in there. I can only guess that someone knew that carry permit systems often have reciprocity and that these provisions commonly limit recognition to permits issued by States with similar standards, or standards at least as strict as those of the State being asked to recognize them. But the provision here isn't a matter of reciprocity, but of which nonresidents can get an Illinois permit.
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Missouri amends its guarantee of the right to arms
Yesterday it passed by a popular vote of 61%-39%. Pretty extensive changes. The right as guaranteed extends to ammunition and accessories (no magazine bans). Any restrictions are reviewed under strict scrutiny. The State must defend these rights and may not decline to do so (which will put the Attorney General in an interesting position if any future legislature enacts a gun restriction.
Language that said the guarantee will not affect the ability of the legislature to restrict the carrying of concealed arms is replaced by language saying it will not restrict the ability of the legislature to restrict convicted felons or those found mentally infirm by a court.
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California's latest
Video here. California already had, if I recall correctly, handgun registration (in effect), State as well as Federal background checks, a 15-day waiting period, one gun a month rationing, no carry (open or concealed) without a "may issue" permit, and an "assault weapon ban." Not to mention expensive "safety tests" that have nothing to do with safety (witness the fact that police and prosecutors' guns are exempt from them).
But the low-info people interviewed want "stricter" controls without apparently having any idea what those might be. Presumably, the fact that crime continues proves that the gun laws aren't strict enough.
The legislature responds by making the "safety" requirements applicable to single-shot handguns, claiming that people are buying single shots and making them into repeaters.
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Federal judge upholds NY SAFE Act, strikes part of magazine limit
Story here. He upheld the ban on magazines holding more than ten rounds, but struck down the provision banning putting more than seven rounds in one of them.
UPDATE: Here's the decision itself. The judge strikes the seven round limit, because it is impossible to believe that a bad guy with a ten round mag will obey the law and only load seven rounds, so the law bears no relationship to the government's interest. He also strikes the definition of assault rifle that includes a firearm with a "muzzle break" on the grounds that it is meaningless, and he is unwilling to hold that a law can be applied by correcting a mis-spelling. (That error gives us an idea of how carefully the legislature considered what it was enacting).
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Sure, it's not about confiscation
NYC sends out notices to owners of registered guns that can take over five rounds: get them out of the city or turn them over.
PS--I'm still diagnosing the problem with the spam filter, might have it fixed and comments allowed in a few days. It may have been a problem with the filter itself, unrelated to hacking and the 1,600 spam comments (I counted them). Which illustrates the magnitude of spamming. Your filter goes down and you get 1,600 spams in a matter of an hour or two.
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Article on 2013 amendments to Alabama gun laws
Right here, in the Alabama Lawyer. It sounds like there were many changes for the better, but the author notes there are several drafting glitches (which we may hope the Legislature addresses in the future).
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Bad ruling out of PA
PA Gun Blog has the news. A judicial decision that essentially nullifies reciprocity there.
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California's slippery slope
"It started with a dinner date. Now I'm married with kids. How the heck did that happen?"
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Interesting article on Mississippi gun laws
David Kopel, "The Strange Career of Mississippi’s Bans on Gun Carrying." It certainly followed a strange path! Bans on concealed carry became, by judicial interpretation, bans on all carry. The legislature finally rectified that, only to have a trial court enjoin the new law as void for vagueness ... essentially, a *defense* was supposedly void for vagueness! Finally the State Supreme Court voided the injunction.
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California: Gov. Jerry Brown signs some gun laws, vetoes others
Story here.
The major bill he signed bans use of lead projectiles in hunting; the major one he vetoed would have expanded the ban on "assault rifles" to include any semiauto with a detachable magazine. The others:
"Among other bills Brown signed Friday were SB 683 by Sen. Marty Block, D-San Diego, to require long-gun buyers to earn safety certificates like those already required of handgun buyers; AB 48 by Assemblywoman Nancy Skinner, D-Berkeley, to ban conversion kits that allow people to turn regular magazines into high-capacity magazines; AB 231 by Assemblyman Phil Ting, D-San Francisco, which makes it a crime to leave a loaded firearm somewhere a child is likely to be able to get it without permission; and AB 1131 by Skinner, to extend from six months to five years the prohibition from owning firearms for those who've described a credible violent threat to a psychotherapist.
Other bills Brown vetoed SB 567 by Sen. Hannah Beth Jackson, D-Santa Barbara, which would have updated the definition of an illegal shotgun to include a shotgun with a revolving cylinder and a rifled bore; SB 755 by Sen. Lois Wolk, D-Vacaville, which would have expanded the list of convicts who can't legally own guns to include those with multiple drug or alcohol crimes, street gang members and others; and AB 169 by Assemblyman Roger Dickinson, D-Sacramento, which would have tightened exemptions to the law prohibiting purchase of handguns that haven't been tested and deemed safe by the state."
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Arizona AG rules Tucson city regs are illegal
Tucson passed two gun ordinances, requiring that lost or stolen guns be reported, and mandating a breathalyzer test for anyone who caused a negligent discharge. Arizona's Attorney General just ruled both violated the pre-emption statutes.
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Maryland suit
Complaint here, in pdf.
Maryland enacted more gun laws recently, and so applications for permits surged. The State Police are supposed to process them, but have "farmed out" a large part of processing to employees of other agencies. The suit notes that Maryland has regulations regarding data security and sharing, which this violates, and the other personnel are not so well vetted as are State Police staffers. Further, it appears that the data is not encrypted and protection against hacking seems flimsy.
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California laws up for governor's signature or veto
Story here. One of the bills is described as a near ban on any semiauto rifle that takes detachable magazines.
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NRA video on Colorado recall election
Right here.
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Louisiana--off duty police cannot carry in bars
It's a statutory interpretation by its Attorney General.
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More problems with Colorado law
Story here. The law requires background checks for private sales, but allows FFLs to charge a max of $10 for performing them. Surprise: FFLs are refusing to do them, because they lose money at that price.
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North Carolina legislation passes
From the description, the bill represents gains for the most part, although it could have gone farther.
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Antigun CO legislator has major rap sheet
Rep. Rhonda Fields has admitted to convictions for larceny, but it she also has been convicted for writing bad checks, reckless driving, and a bunch of traffic infractions. I don't know about Colorado, but prosecutors here won't take a reckless driving charge unless officers can point to someone who was put in physical danger).
If someone has that poor impulse control, I can understand why they assume the rest of us have the same.
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Illinois changes!
I was just told that the House and Senate overrode the governor's amendatory veto. The new law takes immediate effect. It even has limited reciprocity: out of state holders of CCW can carry inside their car, but not on their person.
UPDATE: Howard Nemerov reports that it takes a 60% vote to override a veto. In the House, the vote was 102-13 (89%) and in the Senate 45-12 (79%). This is a stunning defeat for the governor, esp since his party controls both houses.
Daily Kos, in a surprising favorable post, says the vote was 77-31 and 41-17. That'd be 71% and 70%. Breitbart is reporting same figures as Kos.
UPDATE: I got the first set of figures from Howard Nemerov's post. I can't check the link here, because PJ Media has a script that gives my browser fits.
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Mississippi opponents of open carry bill delay its effective date
They got a Temporary Restraining Order issued, which holds the status quo until there can be a hearing on a preliminary injunction. Here's a copy of the motion for TRO. I don't mind saying its bunk. There are traditionally four factors to be considered, and the first is probability of ultimate success, that is, if this case goes to trial, is the person seeking a TRO or PI likely to win?
There's not a word in the morion about that. It doesn't even identify a legal theory. Yes, they don't like the legislation, and speculate it might make more work for them. Is that a reason to strike down a law?
And how do you strike down a law LEGALIZING conduct, anyway? If the court issues a TRO or PI, what happens in the real world? A person is arrested for doing something that the statute says is legal. Does a court's TRO somehow allow him to be prosecuted, for doing a legal act?
Where's the ground for a TRO, as opposed to a notice for argument on a PI? A TRO is issued without hearing, traditionally because (1) if the opposing party knew of the motion in advance, they'd do something bad (like beat up the party asking for one) or (2) there is an emergency such that there is no time to notify the other party and set a hearing. There's not a word about that in this motion.
Not to mention it describes a district attorney as "the chief legal officer of the State of Mississippi," which the Attorney General might dispute, and a sheriff as "the chief law enforcement officer of the State of Mississippi."
Who drafted this pile of offal? Can officers of a county (which is generally a subdivision of the State) sue the State? Isn't that a little like the City Planner suing the city because he doesn't like the zoning plan?
Hat tip to reader Jim Kindred....
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Illinois governor does something about new gun law
I don't have the foggiest idea what an amendatory veto is, but he appears to have used it. From the article, the legislature has to concur before it becomes law. Major changes are to limit a CCW permit to one firearm, with a magazine capacity not over ten rounds (unclear if that means with a magazine of that size, or unable to accept a magazine over that size), any carry gun must be completely concealed (probably meaning that if anyone sees it by accident, you can be arrested), and a few other things.
The Legislature re-convenes one day before the court's stay expires, meaning that the present laws become unenforceable.
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NJ Appellate decision on permit to carry
It's In re Pantano. Facts: a police chief issued a permit to a contractor who often has to carry thousands of dollars in cash at night. The State appealed, the trial court barred issuing the permit, and the appellate court upheld this. It notes that the standard for a permit to carry is "justifiable need," but that police regulations construe this as "urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant's life..." Since he hasn't been robbed (yet), he could not issued a permit (even if the police chief approved, as he had).
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NY exemption for retired LEOS
In a late night session, NY exempts retired LEOs from its 7 round magazine limit. This really goes to underscore how irrational and arbitrary that sort of thing is. If 7 rounds is all a citizen would need in self-defense, isn't the same true of law enforcement? But even if there was some evidence that law enforcement has some special need to perform their duties, that cannot apply to retired LEOs, who have no such duties and have need for self-defense identical to everyone else. It's just a patronage ploy, exempting a favored, and in NY politically potent, group of citizens.
UPDATE: yep, it exempts serving LEOs. That was the whole reason for the amendment. They rushed the legislation through, never let a crisis go to waste, and only then realized that they'd cut magazine size to seven rounds, officers I guess mostly carried 9mm Glocks, and try finding a seven round magazine for a 9mm Glock.
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CA sues over magazine "repair kits"
Story here. It argues that the repair kits can be used to make banned large cap magazines.
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Effective ban on new handguns in California
Chuck Michel reports it here. Essentially, (1) microstamping of firing pins is now mandatory, but (2) it adds to the cost of manufacture and (3) given the current demand for firearms, why bother making a special model for California?
My memory may be off, but as I recall the law only became effective if the microstamping technology was not covered by patent. The patent holder waived the patent, but remains the only firm with the equipment to make the firing pins, so its patent monopoly just became an economic monopoly.
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History of California gun laws
An interesting post at CalGuns Foundation. I just checked out the weapons section of the California Penal Code, and it runs over a thousand pages. Now, that's with annotations (short one-paragraph summaries of court cases interpreting each section), but it's still staggering.
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Texas House outdoes itself
The Texas House passes 12 pro-gun bills in a single day!
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San Francisco: our hollowpoint ban doesn't ban anything
"That's our position, and we're sticking with it."
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Maryland legislation passes House
Giving me one more reason I'm glad I never had to live there.
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NY to suspend 7-round magazine limit
The Senate Majority Leader says he'll append a suspension to a budget bill.
Its great to know that the folks pushing this stuff know what they are doing: "Cuomo has said the law needs to be rolled back because manufacturers don’t make seven-round holders. The measure was a center piece to a gun law the 55-year-old Democratic governor pushed through the legislature in January..."
I assume that should be read as (1) there was no exception for law enforcement; (2) LEOs commonly use 9mms, and (3) there are no, or perhaps few, 7 round magazines in 9mm.
"His gun law was passed within 24 hours of being introduced..." Yep. There are downsides to "we've got to pass this before we can think clearly."
UPDATE: Legal Insurrection has thoughts as to the method.
"But why via the budget?
Lumping it in with the budget deprives opponents of the opportunity to make the gun law a separate issue and to point out the haste with which the legislature acted.
Most important, this maneuver deprives opponents of the gun law the chance to vote against changing the 7-round limit in isolation? Huh, you say.
The limit is unworkable as the Governor admits, and makes a mockery of the entire gun law. By keeping the limit in place, opponents of the gun law in general would have created a situation where the gun law all but imploded of its own weight.
Now that weight will be removed in a manner designed to make as if it never were there in the first place."
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We're in the best of hands, pt. 1021
A Washington State lawmaker introduces an AW ban, apparently without reading it, and later is startled to find that it would authorize warrantless searches of owners' homes. I guess he figured they'd have to pass it in order to find out what was in it.
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We're in the best of hands, pt. 1021
A Washington State lawmaker introduces an AW ban, apparently without reading it, and later is startled to find that it would authorize warrantless searches of owners' homes. I guess he figured they'd have to pass it in order to find out what was in it.
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1998 Massachusetts law doesn't seem to have worked...
Continue reading "1998 Massachusetts law doesn't seem to have worked..."
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Major lawsuit over Philadelphia's disclosure of permit holders
Story here. Pennsylvania has a statute that renders secret the identifying data on licenses to carry. Philadelphia managed to violate that in truly remarkable fashion, by putting all appeals from denied applications online, together with reason for denial and an interactive map where a viewer could see where they lived.
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Louisiana passes constitutional provision mandating strict scrutiny
Louisiana has become the first State with a constitutional provision mandating strict scrutiny in reviewing the constitutionality of gun laws. With "shall-issue" having succeeded everywhere it's likely to, and some places where it wasn't likely, this may be the next wave.
UPDATE: yes, the standards of review are purely court-created, and in fact some Justices have refused to employ them. That and they have varied from time to time -- when I was going to school, there were only two, strict scrutiny and rational basis. Now there's intermediate. And courts still have the ability to play with them somewhat, but at least this minimizes how much wiggle room a court has.
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California "bullet button ban" fails in committee
[The bullet button, as I understand it, stems from California's "assault weapons ban," which relates to guns with detachable magazines. Which in turn is defined as magazines that can be removed without special tools. People came up with the idea of having a magazine release that cannot be depressed by a fingertip, but can be depressed by the nose of a bullet.]
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The march of progress
One gun a month expires in Virginia.
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VA Atty General opinion on carrying in a vehicle
Story here. Gist of it appears to be that, pursuant to a 2010 amendment, a person without a CCW permit may carry a firearm in the glove compartment or other container, so long as it is closed, but not necessarily locked.
That's what the law was here in Arizona, until they repealed the CCW restriction entirely.
I must say I never thought we'd see that change in my lifetime. For most of my life, AZ followed a simple rule: anyone could carry openly with virtually no restrictions, but no one but a peace officer could carry concealed, period. No permits. There was even an Attorney General opinion on whether a Justice of the Peace could carry concealed, and the answer was: generally, no. A JP is only a peace officer, and allowed to carry concealed, if he is responding to a riot. (One of the traditional duties of a JP, and presumably why the office was Justice of the Peace, was to respond to a riot. In England, that also meant reading the Riot Act. Literally. Only after the Riot Act was read, and the rioters refused to disperse, did rioting become a felony, meaning deadly force could be used to suppress it. Until the Act was read, so long as the rioters hadn't yet committed felonies -- arson, theft, etc. -- no felony was involved. Of course reading the Act to a hostile mob was not a popular, nor safe, duty.
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Louisiana proposal calling for strict scrutiny
An interesting idea -- require arms restrictions to pass a strict scrutiny test, via a State constitutional amendment specifying that.
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Ruling on Portland OR limit on open carry
Eugene Volokh discusses it at the Volokh Conspiracy.
The ordinance makes it illegal (with some exceptions) to knowingly possess a firearm in public, "recklessly having failed to remove all the ammunition from the firearm..." The question is, what does "recklessly" mean here? In the Oregon Court of Appeals, the majority hold that it means reckless of any public risk created, above and beyond those inherent in self-defense, etc.. Which comes close to saying that it only bans loaded carry if the carrier was bent upon crime, or practicing quick draw while drunk. The dissent concludes that "recklessly" modifies "having failed to remove," so that it means simply that the carrier can be convicted if he fails to unload either by intention or by recklessness.
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Trayvon Martin shooting and "stand your ground"
One of many articles on that shooting that ties it to "stand your ground" laws. I cannot see the connection. "Stand your ground" means that, if a person reasonably believes they are under lethal attack, they can defend, and the fact that fleeing was an option doesn't change that. From what I've seen, if media reports are accurate, the issue is that the shooter didn't have grounds to reasonably believe he was under lethal attack. If that's the case, you never get to the issue of no retreat requirement.
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Ohioans for Concealed Carry tags Cleveland Heights for fees
Story here. The city was dragging its heels on rescinding ordinances that were in conflict with the State's pre-emption laws, and wound up liable for attorney's fees.
UPDATE: one of the plaintiffs emailed me to say the story was off-base on several things. The city actually repealed its ordinances, and the fees were a settlement.
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5th Circuit: seizure of firearm not a 2A violation
Houston v. New Orleans, filed yesterday. Plaintiff was arrested on unspecified charges, and his Glock was seized and kept after the charges were dismissed. (He was re-arrested, with charges again dropped, after he filed this suit).
The 5th Circuit holds that there is no due process problem, since Louisiana law has a procedure for seeking return of seized property, and no right to arms problem, since the right to arms covers arms in general and not this one specific firearm.
Hat tip to reader Charles Oldfield...
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Washington Sup Ct rejects antigun appeal
Story here. It let stand a finding that Seattle's ban on guns in parks violated the State pre-emption law.
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Iowa Dems walk out of legislature over pro-gun measures
Story here. Neither measure seems particularly controversial. One would insert language from the Second Amendment into the State constitution; the other would essentially remove a retreat requirement from self-defense law (bringing Iowa into line with the majority of States).
Thanks to reader Jim K.....
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Virginia repeals one gun a month
The governor signed the legislation today. Caveat: the effective date is July 1.
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Ev Nappen wins a pair in NJ
Ammoland.com has the report.
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Handgun rationing dies off in Virginia
The House had already passed a repeal of "one gun a month," and today the Virginia Senate passed it. The governor has said he would sign it, so it appears that gun rationing is on its way out.
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The origin of the Sullivan Act
NY Post: The Strange Birth of NY's Gun Laws.
I researched the Sullivan Act for an amicus brief. Tim Sullivan started it out as a very narrow bill -- it just made unlicensed concealed carry a 3 year felony, rather than a misdemeanor. Then NYC's medical examiner lobbied him to pul all the other provisions in, and he agreed. But when he spoke on the floor, which he hated to do, he only talked about the three year penalty.
Even as first enacted, in 1911, it was nothing like what we see today. It required some dealer paperwork, but not registration. There was no provision forbidding open carry. It applied only to handguns. The permits were "may issue" to the max -- as in a felony could get one, if the judge allowed it. (The only bars were to juveniles and non-citizens_/
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VA considering repealing "one gun a month"
And as Alphecca notes, Bloomburg will be apoplectic!.
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Palm Beach County sues Florida over strict pre-emption
Story here.
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California ban on open carry signed into law
Jerry Brown yesterday AB 144 into law. The statute bans open carry of unloaded handguns. (Previously you could carry openly, only if it was unloaded).
The one good thing is that this puts the challenges to California's "may issue" CCW permit system in a solid position. Previously the licensing authorities could and did argue that their permits only limited one form of carry, you could carry open and unloaded without a permit. Not any more. Now the only way to carry is to convince the licensing authority to allow it, in their own discretion.
Hat tip to alert reader James Madison...
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Oregon court strikes campus carry ban
Opinion here. Oregon Firearms Federation scores a win: the court strikes a ban on carrying on campus, as violating the State's pre-emption statute.
Hat tip to Kevin Starritt of Oregon Firearms Federation...
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NJ ruling on "possession"
Pdf here. One of Ev Nappen's cases, it concerns a juvenile who borrowed his grandfather's case, had a traffic stop, whereupon police found a rifle and some ammo in the trunk. Around here, it would be "nice rifle." In NJ, it's a year on juvenile probation.
The legally interesting point is that the appellate court finds there was no evidence of knowing "possession": at most, he knew of the ammo and/or gun at a point when there was no opportunity to get rid of it (short of leaving it on the sidewalk) before he was stopped.
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Lawsuit incoming!
Let's see now.... police hear that a lady has firearms, enter her home without a warrant, confiscate 13 guns, find out that she owns them all legally... and refuse to return them unless she gets a court order. So she files suit....
Why can't they learn that in a situation like this, give them back immediately and hope things quiet down.
Update: there certainly is a 1983 cause of action here. Entering a residence without a warrant, and probably without probable cause (a report that someone owns guns, where they can be owned legally, hardly gives probable cause), Not to mention seizing property, refusing to give a prompt hearing on its return, and indeed putting the burden on the owner to sue for its return.
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Wisconsin passes CCW permit law
Meaning 49 States allow concealed carry, in one form or another (no permit, may issue or shall issue).
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California open carry ban is reported out of committee
Story here. Since the State has "may issue" CCW permits, this would amount to "may issue" for carrying, period. On the other hand, it'd undercut the permit issuers' position in the California challenges to that, where one of their arguments is that the permit issuance only affects concealed carry, not open (albeit with a ban on open carry of a loaded firearm).
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A birthday present for Marion Hammer
Two pro-gun bills from the Florida legislature.
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Kentucky case upcoming
Kentucky Concealed Carry Coalition is seeking donations for the Michael Mitchell case. He's a grad student who was terminated from his job and expelled because he had a firearm in his parked car. The KY Supreme Court just accepted the case.
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Lively legislative season
in North Dakota, a bill to forbid employers from stopping employees from having firearms in their parked, locked vehicles has passed the House.
In Montana, a Senate committee has approved a bill to allow concealed carry without a permit.
Linn County, Iowa, has voted to allow concealed carry in parks and most other county property.
Ohioans for Concealed Carry sued Youngstown, Ohio over a ban on gun dealerships, and lost, because the city quickly repealed the ban.
UPDATE: and to cap off the day, the Utah governor signed its knife preemption statute, which has Knife Rights rejoicing.
It's quite different from 20-30 years ago, when the legislative action consisted of waiting periods here and AW bans there and California initiatives to ban handguns, etc., etc.
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Win in suit against California ammunition law
Chuck Michel has announced that the NRA / Calif. Rifle & Pistol Assn suit challenging the California handgun ammunition restrictions (requiring registration and banning mail order sales) has won on a void for vagueness challenge. Among other vague provisions was its application to cartridges intended "primarily" for use in handguns.
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Ohio Sup Ct upholds pre-emption law
City of Cleveland v. State of Ohio, Ohio Supreme Court, Dec. 29, 1010. Conflict between Cleveland's enactment of a number of gun regulations, and Ohio's statewide pre-emption law. The City contended that the pre-emption law was unconstitutional under the State constitution's provision of home rule for incorporated cities. The test there was whether the State statute deals with matters of Statewide, general, importance, or tries to dabble in local matters, and the Supreme Court majority held that it was a statute of general importance. It was a statute that sought to make legal standards uniform throughout the State, it applies uniformly to every location in the State and not just this city, it involves the police power.
This seems to me rather obvious. In proof, however, that some courts apply different rules when gun regulations are at issue (witness how in Heller the Court's "liberal wing" suddenly became the strictest of strict constructionists for an hour), the Court of Appeals had struck down the statute, and even held that its provision for attorney fees should a person challenge such ordinances and win was unconstitutional because it “invite[d] unwarranted litigation and attempt[ed] to coerce municipalities into repealing or refusing to enforce longstanding local firearm regulations.”
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Brian Aiken gets commutation of sentence
David Codrea has the story. Aiken is the fellow who was convicted, and sentenced to years of imprisonment, in NJ for possessing arms (and, shudder, hollow point bullets) that he'd legally purchased in Colorado. He still has felony convictions, but at least will be out of jail soon.
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NJ case -- seven years for handguns in trunk of car
Story here. Clean record, recently moved there, had two unloaded handguns in baggage in the trunk of his car. In most States, that would be "so what?" In New Jersey, it's seven years in prison. (I suspect armed robbers would get less time).
Hat tip to reader Jim Kindred...
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"No retreat" vetoed in PA
Gov. Rendell has vetoed a pro-self defense bill in PA. I use that term because the story describes it as a Castle Doctrine bill, but the text cited suggested it was a no retreat bill. The good news is that it passed both houses with large majorities, and the incoming governor has said he'll sign it.
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New AZ law in effect
As of today, Arizona's ban on CCW without a permit has expired. Not that it makes much difference to us 1911 lovers. Sorta hard to conceal one -- in AZ, it wasn't concealed if any part of the firearm was visible.
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Challenge to Geo. Mason Univ. exclusion of firearms
Pleadings here. Fellow blogger Rudy Digacinto challenges GMU's ban on open carry, as violating State pre-emption, the State constitution, and the 14th Amendment. And here is NRA's amicus.
I find it rather ironic that the policy is in place at George Mason University, of all places, given Mason's enormous role in creating the first State declaration of rights, in pushing for the Federal bill of rights, and in arguing in the Virginia ratifying convention that disarmament leads to tyranny.
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Omaha police abusing registration
Nebraska Firearms Owners Association has the story. A member shot a gang member in self-defense, and police held his firearm as evidence. NFOA took up contributions, and got him a replacement. But Ohama apparently has some manner of registration requirement, and when he went in to register it, he was told that his registration would be "delayed," for some unspecified reason. And in the meantime, the gang member's associates are looking to find the defender....
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Colo. Ct of Appeals rules in favor of on-campus carry
News story here. It appears that the Court of Appeals ruled that the Statewide pre-emption statute covered universities, and requires that CCW permittees be allowed to carry.
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AZ approves "Vermont style" concealed carry
Story here. It now goes to the governor, who will likely sign it. Egad, for most of my life AZ followed the rule of most western States -- carry openly without limit, but nobody except a peace officer can carry concealed, and there are no permits, either. Not that it really made any difference, since CCW without a permit was a misdemeanor punished with a modest fine and seizure of the gun, or the person could plead to a larger fine and get the gun back. A person bent upon committing a violent crime was unlikely to worry much about a misdemeanor and fine.
Permalink · State legislation · Comments (9)
FOPA protections for travelers
Over at his conspiracy, Eugene Volokh discusses the recent Third Circuit ruling in Revell v. Port Authority of New York. I once heard Mr. Revell describe his experience, and it was pretty appalling.
He's flying from Salt Lake City to Allentown, PA, with a firearm properly stowed in his checked-in baggage. The flight connects in Newark. But his flight's arrival is delayed, and he missed the connection. He booked on the next flight, then the airline announced it would bus the passengers to Allentown. But it didn't get his baggage on the bus, and the bus left while he was looking for the baggage. He finally caught a courtesy bus to a local hotel, and returned to the airport the next morning; upon checking in, he was questioned and arrested. He wound up spending three days in jail before charges were dropped, and then sued under §1983.
He invoked the protections of 18 USC §926A, added by the Firearm Owners' Protection Act of 1986 -- I helped draft that section, many years ago. 926A generally protects a person who is taking a gun from a State where its possession is allowed, to a State where its possession is allowed, provided the firearm inaccessible during the transport. The Third Circuit holds that Revell's stay in the hotel, where the firearm was accessible to him, takes him outside the protections of the statute.
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Delay or impediment to gun permit issuance may violate due process
So says the Second Circuit, as noted by Eugene Volokh.
Amazing how this legal field has turned around in a year or two....
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Kansas House votes to allow CCW on higher ed campuses
Story here. The proposal, which would allow CCW permittees to carry on university and college campuses, has passed the House and is going to the state Senate.
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Indiana gets law allowing firearms in parked cars on company property
Story here.
Permalink · State legislation · Comments (2)
A good year in Virginia
The Virginia Citizens Defense League is reporting a very good year indeed at the Legislature.
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Ohio Supreme Court to hear pre-emption case
Story here. Cleveland adopted a bar on open carry, maintaining that the legislature's pre-emption statute violates its home-rule powers, under the State constitution. The Court of Appeals agreed with that, but the Ohio Supreme Court, after being petitioned by the state's Attorney General, has agreed to take the case.
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A good day in Virginia
Virginia Civil Defense League is reporting that today:
The following bills passed the Senate:
SB 334, Senator Hanger, restaurant ban repeal - 22 to 18
SB 408, Senator Vogel, non-CHP holder can have their loaded handgun in a locked compartment of container in a private vehicle or boat - 24 to 16
SB 3, Senator Smith, clarifies that a CHP can be renewed through the mail - 29 to 11
SB 533, Senator McDougle, clarifies that a new CHP applicant that is denied has the right to a hearing - 32 to 8
And the following bills passed the House of Delegates:
HB 49, Delegate Lingamfelter, repeals One Handgun a Month - 61 to 37
HB 854, Delegate Morefield, castle doctrine - 75 to 24
HB 52, Delegate Cole, makes it a $25 civil fine for not carrying a CHP while carrying concealed - 99 to 0
HB 26, Delegate Wright, limits what information must be supplied by a CHP applicant - 99 to 0
HB 1217, Delegate Lewis, lets school boards offer firearms safety classes - 99 to 0
HB 8, Delegate Carrico, clarifies that a CHP can be renewed through the mail - 75 to 24
HB 69, Delegate Carrico, Virginia Firearms Freedom, protection on guns made and sold in Virginia) - 70 to 29
HB 79, Delegate Ware, prohibits circuit courts from releasing CHP application information to the public - 87 to 10
HB 108, Delegate Cole, requires guns that localities get in a buy-up must be auctioned if possible - 75 to 24
HB 109, Delegate Cole, repeals law that allows localities to tax and register handguns - 80 to 18
HB 171, Delegate Pogge, prevents an employer and others from banning firearms in locked vehicles in a parking lot - 72 to 27
HB 236, Delegate Janis, allows for discharge close to a subdivision if done safely - 79 to 19
HB 490, Delegate Lingamfelter, authorizes the State Police to investigate a lifetime CHP - 78 to 20
HB 870, Delegate Cline, removes the authorization for a locality to fingerprint first time CHP applicants - 83 to 15
HB 871, Delegate Cline, clarifies that a new CHP applicant that is denied has the right to an ore tenus hearing - 92 to 7
HB 885, Delegate Athey, non-CHP holder can have their loaded handgun in an unlocked compartment of container in a private vehicle or boat - 74 to 25
HB 1070, Delegate Athey, CHP holder can carry in an emergency shelter - 74 to 24
HB 1191, Delegate Griffith, permits a judge to allow a circuit court clerk to issue CHPs if there are no problems with the applicant - 86 to 12
HB 1379, Delegate Sickles, requires that child-care facilities in Northern Virginia follow state law in regard to storage of firearms - 86 to 12
Sounds like a pretty good day!
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Seattle ban struck down
Seattle's ban on possessing firearms on city property has been struck down, as violating pre-emption.
Permalink · State legislation · Comments (1)
Utah passes exemption from Federal firearm laws
Story here. The bills of this type that I have seen provide that a gun made within the State and transferred to a State resident are exempt from Federal control.
The big difficulty, as I see it, is the Raich decision on medicinal marihuana, holding that growing and using marihuana in-State (and I think persons were forbidden to sell it) came within the Congressional power over interstate commerce. Absent a way around that, State enactments would be trumped by the Supremacy Clause. I haven't had time to carefully read Raich, so I don't know if there is a way around it. On the other hand, there may be considerations here which extend beyond legal doctrine -- the fact that the people of certain States are beginning to act on their beliefs regarding a proper view of federalism.
Hat tip to reader Bret Gallo....
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Gun limits in wake of snow storm
In the wake of the huge snow storm, the town of King, N.C., banned sale of alcohol, firearms, and ammo, and carrying of firearms . The alcohol ban was lifted in time for the Super Bowl. So far as I can see, no other jurisdiction (including DC's Maryland suburbs, Maryland not having very pro-gun statutes), did anything of the type.
UPDATE, Dave Workman, in the Seattle Gun Rights Examiner, points out it's actually mandatory under a State statute. Transporting a weapon off the owner's land, in an area declared under emergency, is a misdemeanor.
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Firearms possession bans in Delaware housing authority apartments
The Caesar Rodney Institute blog reports that the Delaware State Sportsmen's Association is prepared to sue against the divisions of the State housing authority that impose lease conditions forbidding firearms possession.
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NY case on destruction of guns
Pdf here. Plaintiff surrendered his guns to a sheriff, pursuant to a protection order entered in his divorce case. The sheriff destroyed them before the divorce case was over. The Court of Appeals held that he had a property interest in his firearms, the statute authorizing the sheriff to destroy unclaimed firearms after a year only applied to handguns, there was no qualified immunity since a reasonable LEO reading the statute would have known that. It also held that the sheriff's department (rather than just the person who destroyed the firearms) was open to suit since had an office policy allowing such illegal destruction.
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Schwartzenegger signing statement
Pdf here. It's his approval of AB 962, which among other things requires that all ammunition sales be face-to-face and that the seller record data on the buyer including, as I recall, a thumbprint.
The California legislation is meant to ensure that criminals, who are legally unable to get firearms, now won't be able legally to get ammunition for the firearm that they legally don't have. Or something like that.
Hat tip to reader Jim Dewey...
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Ill. ruling on guns in cars
The Illinois Supreme Court has ruled that a car console can be considered a case.
Apparently ILL has an offense called aggravated misconduct with a weapon, that involves carrying concealed, uncased, either loaded or with ammunition readily available. There's an exemption if the gun is cased, unloaded, and carrier has a Firearm Owner ID card. Must be treated pretty seriously -- this defendant got 2.5 years for it.
Good to live in AZ. Here, officers stopping a car with guns in the console would regard it as normal. And legally it wouldn't be CCW. And if it was, the penalty would be a modest fine and forfeiture of the firearm.
Hat tip to reader Bill Zeller....
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Reducing the ammo shortage
This may help to reduce ammo shortages in States other than California.
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More carry permits in Sacramento County?
Story here.
Hat tip to Dan Gifford....
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Plaxico Burress indicted
Yesterday, the NY Times had this story. His attorney notes that Burress could face 3.5 years prison time for having an illegal gun (its really stupid handling is a different matter), whereas another football player got 30 days for killing someone while driving drunk. But Paul Helke of Brady Campaign says he should get "at least" the 3.5 years.
Today comes this report that he has been indicted.
Here's another NY Times piece, with details on local politics. It seems he choose a bad time for his foulup: Mayor Michael Bloomberg was gearing up for re-election and "Cracking down on gun violators is virtually a sacred cause for the mayor."
Hat tip to reader Jack Anderson....
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Results of Georgia bill allowing carry in restaurants that serve drinks
Over at the Atlanta Examiner, Ed Stone has thoughts on the first anniversary of HB 89, which allowed carrying in restaurants and on mass transit. He cites media predictions of mass drunken violence, "escalated gunfight with dozens of innocent Georgians paying the price," etc. ...
The one problem being that, as might be expected, so such thing has ever happened.
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PA appeals court strikes down Philadelphia gun ordinance
Story here.
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Even in Chicago, some officers have the right orientation
From Alphecca:
"They pretended that the victim had not broken the law by defending himself with an illegal handgun.
“Nothing was said about the gun going off,” he said. “The police come over to make a report. The guy said to me, ‘Well, you’re lucky you weren’t killed. You should’ve had a gun with you. If you had killed the guy, then you would have had to say you took the gun off him.’"
Permalink · State legislation · Comments (6)
Nine bills up for vote in Albany
Story here. In case you wonder what NY could outlaw that it hasn't already, one of the bills would require firearm dealers to have million dollar liability policies covering criminal misuse by purchasers.
Reader David Lawson asks, "What insurance company would write that kind of policy?" Good point.
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More good news in the States
The Montana Senate passed a modified form of earlier reforms. This version deletes the removal of CCW permit requirement for carry in cities, but preserves "no retreat" and forbids landlords to make disarmament a requirement of tenancy.
Reader Denton Bramwell emails that Utah's governor signed two measures into law that (1) allow CCW without permit on your own realty, vehicle, or business premises; (2) allows CCW without permit of a firearm with a barrel of 4" or more if hunting; (3) establishes CCW reciprocity for ALL States; and (4) forbids a company from prohibiting storage of a gun in a parked vehicle where the gun is locked up and out of sight.
Permalink · State legislation · Comments (2)
Kansas to vote on individual right guarantee
Story at the Volokh Conspiracy. It's esp. interesting since Kansas' existing wording was cited by its Supreme Court, when in 1905 it basically invented the collective rights approach in City of Salina v. Blaksley. The legislative vote to put it on the ballot was overwhelming: 39-1 in the Senate and 116-9 in the House.
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A good day in State legislatures
The Ill. House votes down HB 48, which would have required all handgun transfers to be run thru FFLs.
And the Texas Senate unanimously passed a bill allowing guns in locked cars on company-owned parking lots.
Permalink · State legislation · Comments (29)
Good bills advancing in Utah
Discussion here. One protects employees who have a firearm in the car and park on a company lot, the other makes a number of liberalizations of the CCW laws.
Permalink · State legislation · Comments (1)
NJ governor signs harsher law
And calls for more.
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Interesting Georgia case
Pdf here. The gun owner was convicted of a drug offense in 1969, and received a full pardon in 1995. When he tried to purchase a firearm, the NICS staff called a local judge and asked him to revoke the fellow's pistol permit (which I suspect is a BIG violation of the Privacy Act). Basis was a Georgia statute that says persons convicted of a drug offense are forever ineligible to get a pistol permit.
Initially he surrendered his permit, then got new counsel, John Monroe and Douglas King, and they put up a fight. The judge ultimately rules for them. A pardon is an executive act, authorized by the state Constitution. The Legislature cannot change its effect.
He then sued for an injunction against Federal authorities stopping his purchase and seeking an injunction against them prosecuting him. Here's the GeorgiaPacking.org webpage on the pleadings. Word is that the government caved in, and provided him with a certification that he is not prohibited to purchase and possess.
Hat tip to reader Ed Stone...
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Conflict over "may issue" permits in California
In Orange County, conflict over the new sheriff's plan to revoke CCW permits en masse. The former sheriff issued them as political favors, the new one wants to revoke them by the hundreds. The wonderful nature of unbridled discretion.
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And a VA open carry case settles, too...
Story here. This has not been a good week for those who would bust people for lawful carry....
H/t to reader Ambiguous Ambiguae....
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Los Angeles decides Calif gun laws are just too loose
Story here. I mean, the State only outlaws .50 caliber rifles, but not possession of their ammunition. It doesn't require registration of ordinary ammunition sales.
Hat tip to reader Robert E. ....
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Oklahoma move to repeal sales tax on firearms
Story here. Note a sales tax on firearms isn't a real constitutional difficulty: you can have a nondiscriminatory sales tax on things related to the First Amendment (TVs, radios, and even newspapers although I haven't encountered a jurisdiction that taxes the last). I do think there is a problem with places that impose significant costs on firearms permits just for the sake of making them expensive, and unrelated to any real processing cost. A government can charge for a parade permit, but can't arbitrarily charge $500.
Hat tip to reader Ambiguous Ambiguae...
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NYC firearm permits
An interesting article. 37,000 permits of one or another type, about half of them to security guards or retired LEOs, most of the remainder only allowing possession but not carry. Only a little over 2,000 full carry licenses.
Mayor says that for the last "you should have to really show that your life is in danger, and that having a gun will protect you, will improve the chances of you surviving.”
Curiously, the last include a fair number of actors, celebrities, and politicians. I wonder why Donald Trump, Robert DeNiro, Tommy Mottola, and Don Imus' lives are in danger to a greater degree than anyone else's.
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NJ firearm rationing proposals
Scott Bach discusses it. As he points out, NJ already requires a permit for each handgun purchase, which can take months to obtain. Why add one-gun-a-month? Is there any claim that criminal "straw men" are out there getting a dozen permits a month so they can resell?
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Court uses Law Enforcement Officers' Safety Act
Story here.
UPDATE: remember that for folks who take duty seriously, it goes beyond legally-enforceable duty. There are also duties, not enforceable in any court, that arise from (1) you feel them (and will feel dishonored if you do not carry them out, to hell with any court) or (2) your peer group does (i.e., anyone who does not follow them will be ostracized).
While I'm on a roll, here is a great move. I heard about it decades ago, no idea if it still works. There are federal laws against "double dipping" -- serve with one agency long enough to draw a pension, retire, get pension, go with another agency and take salary, too. BUT at least back then, Secret Service pensions were drawn thru the DC police department (reimbursed to them by the Feds), and thus not covered. So any federal LEO could move into or out of Secret Service upon retirement without violating the rule about double-dipping. Under the ordinary Fed rules you could retire at 55 if you started while young, and LEOs got an earlier date since they ran risks beyond paper cuts or repetitive motion injury while typing, so it was possible to retire at an age when a person still had a decade or so of ability to work.
And, yes, every fed bureaucrat thinks about retirement, starting about five years after hiring.
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Problems in New York....
1) Mayor Bloomberg pushes for and gets passage of legislation imposing a 3.5 year, no-probation term for carrying without a license.
2) Giants wide receiver Plaxico Burress shoots self in leg while carrying illegally.
Mike Ditka, in the meantime, proposed that NFL players be banned from owning guns. A new "prohibited person" class?
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Mixed results in PA
Easton PA votes down a proposal to criminalize failure to report gun theft, after the city solicitor advises that the proposal itself is illegal. But Pittsburgh passes it, with the chief sponsor remarking, “Who really cares about it being unconstitutional?"
Nothing like officials who care about their oath of office...
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Purchase delayed in DE due to age and gender
Story here. The first level of permit review delayed it because she "too old and a woman." The explanation added that they'd run seven years of records to see if she already had a gun.
The problem with the seven years of records is, the records were supposed to have been destroyed within sixty days....
Hat tip to reader Jim Kindred....
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Trouble in Ohio
Story here. I see the lawsuits coming...
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Washington AG Opinion on pre-emption
Via Joe Olson, comes the Attorney General's Opinion (pdf, one meg) that the mayor of Seattle is proposing to violate.
Permalink · State legislation · Comments (1)
Pre-emption conflict in Seattle
The Washington Att'y General rules that the pre-emption law forbids cities to enact gun regulation, but the mayor of Seattle protests he has "a moral responsibility" to do so.
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VA open carry in parks OK
Virginia's Attorney General has ruled (pdf) that the State agency regulating its parks was without authority to promulgate a rule forbidding open carrying.
Permalink · State legislation · Comments (7)
Conflicting news out of NJ
Story here. On the one hand, the Court of Appeals upheld a ruling striking down Jersey City's one-gun-a-month ordinance. On the other, a bill to impose the same limitation statewide is moving ahead.
Permalink · State legislation · Comments (2)
PA court throws out Philadelphia's challenge
Story here. I figured it was just some politicos' publicity stunt anyway -- a city sues the State over its pre-emption laws. The PA Court of Appeals held that, under those laws, Philiadelphia's one-gun-a-month and its "assault weapon" ordinances were invalid.
Permalink · State legislation · Comments (1)
Ohio court strikes down city ban on guns in parks.
Opinion, in pdf, here. The suit was brought by Ohioans for Concealed Carry, and challenged a city ban on guns in parks, as applied to CCW licensees, since the State law said a licensee could carry other than in specified areas (which did not include parks). The city's argument was based on the home-rule provisions of the State constitution, giving cities the power to regulate local matters. The four judge majority concluded that the State intended to create a State-wide standard for licensed carry, so it was not purely a local matter. The three judge minority argued that the ability of private property owners to restrict carry meant that it was not truly a State-wide standard, but one that varied from place to place, and hence a city could regulate it.
UPDATE: Eugene Volokh has a detailed critique of the dissent.
Hat tip to reader Mark Noble (who incidentally is running for Congress in Ohio-15).
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KY Supremes to consider retroactivity of "no retreat"
Story here.
Had the same issue here in AZ. It'd help if drafters of legislation remembered always to include a saving clause. I.e., this legislation applies to events occuring after the effective date, or prosecutions filed after its date, or cases pending on its date, or cases or appeals pending on its date. Just say what it is, and that's it. Leave it open, and anything can happen (most likely the courts find it only applies to events occurring after its date). I did some research a ways back, and found some cases indicating that a loosening of a criminal statute is given broad effect, while a tightening, under the double jeopardy clause, can't be given.
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CA bills up for vote
Calif. Rifle and Pistol Assn has an alert out that three bills could be considered in the CA Senate Appropriations Committee tommorrow:
Assembly Bill 2062 would require an individual to possess a license to purchase ammunition, require vendors to keep a detailed record of the transaction, and simply ban mail or internet ammunition orders.
Assembly Bill 2235 would ban the sale of handguns other than "owner-authorized (or "smart") handguns" -- that is, handguns with a permanent, programmable biometric feature that renders the firearm useless unless activated by an authorized user.
Assembly Bill 2948 would prohibit the sale of firearms and ammunition on the property or inside the buildings that comprise the Cow Palace.
Contact info is in extended remarks below.
Continue reading "CA bills up for vote"
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Conn. gun seizures
A report on a CT (corrected) law that allows officials to get a warrant, and seize firearms, on the belief that a person *might* misuse them in the future. Something over 1,700 guns have been taken under its provisions.
Quite apart from the obvious 2A violations, it seems to me there's a 4th Amendment issue as well. Warrants are supposed to be issued based on probable cause, i.e., basis to suspect a crime has been committed, and that evidence of it will be found. These are being issued where no crime has been committed at all.
Permalink · State legislation · Comments (3)
Discussion of FLA ruling on guns in parking lots
A clear discussion, at last, in the St. Petersburg Times. The ruling apparently upheld rights of employees to have guns in parked cars, but not the right of customers to. The latter was keyed to how the legislature worded the statute, so they can amend it to cure the problem.
In the meantime, I wonder how a company would enforce against a customer anyway? They can always demand to search employees' cars with threat of firing them, but a customer has a right to tell them to go to. I doubt any commercial establishment that actually searched customers' cars as a condition to coming into the store would be in business very long.
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Testing out the new GA law
Story here.
"What happens when a Middle Eastern-looking man and a young black man walk into a LongHorn [restaurant] with loaded pistols on their belts?
"Welcome to LongHorn, will it just be the two of you?""
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Will wonders never cease?
Governor of Mass. sends proposal for doubling the present $100 pistol permit fees to the legislature, and the Massachusetts House instead passes a bill cutting them to $40.
Hat tip to reader Jack Anderson...
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Mayor Daley proposing even more gun laws
Reported at Armed and Safe. I love the beginning: "Mayor Daley, never one to let himself be limited to . . . being sane, is responding to the Heller-inspired lawsuits aimed at overturning Chicago's handgun ban by looking at passing more gun laws."
Permalink · State legislation · Comments (5)
Massachusetts quietly moving to double permit fees
Story here. The firearm permit annual fee would go from $100 to $200.
Permalink · State legislation · Comments (7)
Texas: proposal to allow guns on college campuses
Story here.
Hat tip to reader Jack Anderson...
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Georgia case on airports
A challenge to an Atlanta airport rule that prohibits firearms in the parking lots, lobbies and restaurants, notwithstanding the recent State legislation allowing carrying in public transit, restaurants, etc.. Story here. Georgiacarry.org is carrying the organizational ball.
Hat tips to readers Jonas Salk, Shawn C., and Jim Kindred...
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FLA court delays challenge to parking lot self defense
Story here. Florida enacted a requirement that employers allow CCW permittees to leave firearms in a locked car in their parking lots, the Chamber of Commerce filed a challenge, and the judge ruled that he had some other, more serious matters, to attend to, come back in July.
The mystery to me is: it's a federal suit. Where's the federal issue? The only thing the story discusses is a claim that, since it only applies to businesses that have at least one CCW licensed employee, it's somehow hard to determine whether you are covered, that makes it "irrational" and thus unconstitutional. As the saying goes, I hope they didn't take that case on a contingency.
Hat tip to reader Jack Anderson.
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NJ case strikes gun rationing
Scott Bach reports on it. The court found that that the Jersey City statute failed the "rational basis" test, which is pretty hard to flunk.
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Article on the Chicago handgun ban
In the Chicago Tribune.
"But what's not often reported by the decidedly pro-gun-control media is that since Chicago's anti-handgun law went into effect in 1982, only two classes of people have had ready access to firearms:
The criminals. And the politicians."
"My favorite example from previous columns is the case of Anthony "Spittles" Pizzirulli, a top Democratic Machine precinct captain. Spittles was a city foreman when he was discovered at one of the top hotels in Chicago, the Ritz Carlton, in a $760-per-night room, though he made $51,000 a year.
A hotel busboy noticed that Spittles had a gun. And what a gun it was. Police found it, and noticed its serial numbers had been filed off—a federal offense the last time I checked. They also found recreational drugs.
In the lockup, Spittles kept insisting—gun or no gun—that he'd walk in a few minutes. But not before he spit on a female sergeant, told her to find another female to have sex with and made rude comments to other cops who wanted to slap him."
Sure enough, in walked another politician, and he was out of the cell, charges apparenlty dismissed.
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Suit against Torrance CA over CCW refusal
Pdf of the complaint here. Plaintiff is a city employee whose job requires carrying large sums of cash, and whose employing agency endorsed his application for a CCW permit. The Torrance chief of police turned it down, stating it was his policy not to issue permits, period. The suit also challenges city policies that, if it ever did issue permits, requires the applicant to have a million dollar insurance policy, and pass psychological testing.
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NJ legislative commmittee reports out .50 cal ban
NRA press release here. Legislation in pdf here.
I can't say how much of this is already NJ law, but as I read it also (1) bans muzzleloaders above .60 caliber (meaning you can have Civil War but not Revolutionary War re-enactments and even with CW can't use .69 muskets) and (2) may ban or at least define as firearms pellet guns, scuba spear guns, and slingshots.
Hat tip to reader Jim Kindred...
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Heads up for FFLs who sell to California FFLs
California has enacted a new silly statute: before shipping to a CA dealer, you must obtain a verification and approval from the State Bureau of Firearms. Effective date July 1.
I say silly, because the object is to verify that the recipient has an FFL. But, under Federal, before a licensee ships to another FFL, he has to get and keep a copy of the other FFL's license. And if there is any doubt, he can verify the FFL via ATFE's website.
Hat tip to reader Jim Kindred.
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Ohio castle doctrine signed into law
Story here.
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In Utah?
The city council in South Jordan, Utah, is considering banning toy and replica guns, and paintball guns.
Hat tip to reader Nathan...
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NRA wins Philly challenge
They got a permanent injunction on two statutes. On others, the court held plaintiffs had no standing to sue (thus neither upholding or striking down the rules). The mayor's spokesman says the latter shows they were "legal and not actions of a renegade government." Nope, it doesn't. Hat tip to Jack Anderson...
UPDATE: the NRA statement on the victory.
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Ohio House passes castle doctrine and much else
A comment on a prior post noted this, and I figured it merits its own post. The Buckeye Firearms Association has the story here. It had already passed the Senate, albeit in a different form, so a conference between the houses will be necessary to get the final bill.
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Arizona governor casts veto
Newspapers report that the governor vetoed a couple of bills, one to make the CCW license a lifetime one, another to make it clear that a person could display a firearm (but not use it) in response to verbal threats.
UPDATE: I recall several cases where you had one guy going along side or tailgating the other, shouting threats, the recipient of the threat showed him that he was armed, and the one making the threats departed, called 911, and got the sorta-defender arrested. It was probably under Ariz. Rev. Statutes 13-2904, covering disorderly conduct:
"A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person
.....
6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor."
ANOTHER UPDATE: Prof. Joe Olson's remarks are in extended remarks, below.
Continue reading "Arizona governor casts veto"
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A predictable split in Ohio
Story here. A bill is up that would shift the burden of proof in self defense cases so that the state has the burden. The governor supports it, and the Ohio Prosecuting Attorneys Association opposes.
Don't know if the bill draws a distinction between two types of burdens. (1) Burden of proof: one party must, at the end of trial, have proven something to whatever standard is required. That'd mean that if self defense is raised, the State must disprove it or lose (depending on how it is arranged, this might require proof beyond a reasonable doubt, or proof by a preponderence of the evidence). There's every reason to put that burden on the State. (2) Burden of going forward. One party or the other must bring in some evidence before the issue is in play. I can see opposing putting this burden on the State, and requiring the defendant to present some evidence to make it an issue. Otherwise -- two people in a room, one kills the other, and doesn't talk about it. The prosecution will likely fail (whether it really was self-defense or not) since the State has nothing to disprove self-defense, and bears the burden of doing that.
Permalink · State legislation · Comments (9)
John Lott on Philadelphia and AW Bans
John Lott has an good article on the subject, in the Philadelphia Inquirer.
Hat tip to reader Jack Anderson...
Permalink · State legislation · Comments (1)
Suit by schoolteacher over preemption
The Oregon Firearms Federation has a report here. Basically, a teacher would like to CCW, and school policy prevents that, so she's invoking the State preemption law, which forbids local units of government to regulate firearms possess and transportation. I 'd not give it high odds, but it is imaginative.
Permalink · State legislation · Comments (3)
Pro-gun bills moving in AZ
An email from AZ CDL is in extended remarks, below. The bills would allow carrying a firearm concealed in a motor vehicle without a permit (you can presently carry in the glove compartment or trunk that way, if holstered), bring the requirements for a CCW permit into line with the requirements for gun ownership, and clarify when a firearm may be displayed in self defense.
Continue reading "Pro-gun bills moving in AZ"
Permalink · State legislation · Comments (0)
GA court strikes down Atlanta ordinance on guns in parks
Story here. Congrats to the plaintiff, GeorgiaCarry.org.
Permalink · State legislation · Comments (3)
Tortonto Star on Chi handgun ban
Quite an interesting article.
"Bans? "That's what people do when they don't understand the problem."" says a former gang leader.
Hat tip to Dan Gifford...
Permalink · State legislation · Comments (4)
FLA Chamber of Commerce suit vs. commuter self defense
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.
Permalink · State legislation · Comments (3)
Florida Chamber of Commerce sues over commuter self-defense law
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.
Permalink · State legislation · Comments (2)
Good editorial on recent GA law
Over at Jason Pye's blog.
Hat tip to reader Mike M. ....
Permalink · State legislation · Comments (3)
Chicago's handgun ban
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.
Permalink · State legislation · Comments (17)
NRA gets court order blocking Philadelphia's new ordinances
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.
Permalink · State legislation · Comments (4)
Gov. Crist signs FLA commuter self defense law
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).
Permalink · State legislation · Comments (6)
Philadelpha DA agrees new city ordinances are illegal
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
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...
Permalink · State legislation · Comments (0)
GA passes major pro-gun bill
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.
Permalink · State legislation · Comments (7)
W. VA. gets Castle Doctrine
Story here.
Permalink · State legislation · Comments (1)
Online polls re: FLA law
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? "
Permalink · State legislation · Comments (3)
I see a lawsuit coming....
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.
Permalink · State legislation · Comments (6)
FLA passes bill on rt. to have gun in locked car while at work
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
Story here. It lowered the state age from 21 to 18; the federal age, for purchase from an FFL, remains 21.
Permalink · State legislation · Comments (1)
FLA house passes gun in the car at work provision
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).
Permalink · State legislation · Comments (6)
Newspaper supports reporting requirement for stolen guns
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.
Permalink · State legislation · Comments (4)
FLA bill out of committee
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).
Permalink · State legislation · Comments (0)
It's nice to live in Arizona
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....."
Permalink · State legislation · Comments (0)
Gov Kaine (VA) vetoes two pro gun bills
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."
Continue reading "Gov Kaine (VA) vetoes two pro gun bills"
Permalink · State legislation · Comments (5)
Campus carry bill moving ahead in OK
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.
Permalink · State legislation · Comments (2)
.50 cal ban
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."
Permalink · State legislation · Comments (5)
Nebraska considering ban on nonhunting guns
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
Vote was 32-0.
Permalink · State legislation · Comments (2)
VA kills gunshow bill
Washington Post reports that a VA bill to require background checks of private sales at gunshows has died in committee.
Permalink · State legislation · Comments (3)
GA Senate action
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.
Permalink · State legislation · Comments (5)
News from GA
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.
Permalink · State legislation · Comments (2)
Georgia Senate fast-tracks bill allowing guns in business parking lots
Story here. Rules Committee is apparently voting out a rule for its consideration.
Permalink · State legislation · Comments (0)
SF handgun ban struck down
Story here.
Via Ahab.
Permalink · State legislation · Comments (3)
A call to lower costs of gun carrying in TN
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.
Permalink · State legislation · Comments (4)
Proposed gun law for Cook County, ILL
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 (18)
Gun free zone liability act
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
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."
Permalink · State legislation · Comments (15)
Castle doctrine hearing in PA
PA's House Judiciary Committee will be holding hearings on a castle doctrine bill Tuesday. Further info and contact data here.
Permalink · State legislation · Comments (0)
Response in Philadelphia
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!
Permalink · State legislation · Comments (0)
Trouble brewing in PA
Governor Rendell is on a push again.
UPDATE: A call for attendance at the hearing. It's Tuesday, 10 AM.
Permalink · State legislation · Comments (3)
Opinion on teacher's suit
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
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.
Permalink · State legislation · Comments (7)
California microstamping bill
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.
Permalink · State legislation · Comments (8)
Fed. court voids law forbidding employers to ban guns in parking lots
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
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.
Permalink · State legislation · Comments (2)
Councilman breaks CA gun laws, discusses it on radio
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).
Permalink · State legislation · Comments (2)
California ...
Let's see... it just banned lead projectiles in condor habitat, and enacted a microstamping requirement, all in the same week.
Permalink · State legislation · Comments (7)
Calif. forbids gun confiscations in an emergency
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."
Permalink · State legislation · Comments (3)
Calif. forbids gun confiscations in an emergency
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."
Permalink · State legislation · Comments (2)
MO abolition of purchase permit soon to take effect
Tuesday, to be precise. It had been a requirement since 1921.
Permalink · State legislation · Comments (2)
Interesting debate in Kennesaw
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.
Permalink · State legislation · Comments (1)
Gun permits in Mass. dropping
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.
Permalink · State legislation · Comments (6)
Baltimore proposes public registry for gun offenders
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."
Permalink · State legislation · Comments (2)
Foster care firestorm in Oregon
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.
Permalink · State legislation · Comments (1)
Illinois legislative news
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.
Permalink · State legislation · Comments (2)
Lead ammo ban at issue in CA
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.
Continue reading "Lead ammo ban at issue in CA"
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AZ gun bill passes House
Alphecca has the report.
Permalink · State legislation · Comments (0)
Conflict in PA
Bloomberg's mayors are putting on a push in Pennsylvania, but the legislature is pushing back.
Permalink · State legislation · Comments (0)
VA governor Kaine on gun laws
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 (14)
Ill FOID cards for toddlers
People get them, for various reasons.
Permalink · State legislation · Comments (1)
Big changes in Missouri
Alphecca has the report.
[Hat tip to Instapundit]
Permalink · State legislation · Comments (0)
TN expands self-defense, etc.
Tennesee's legislature just expanded its "no retreat" law, and barred firearms confiscation in emergencies. Story here.
Permalink · State legislation · Comments (0)
Kansas house passes override on pre-emption
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]
Permalink · State legislation · Comments (4)
Arizona legislative moves
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.
Permalink · State legislation · Comments (4)
Texas gets "no retreat law"
Texas governor Rick Perry has signed a no-retreat law.
Permalink · State legislation · Comments (2)
VA passes anti-entrapment bill
VA has passed the bill forbidding private entrapment of gun dealers, HB 2653. I'm informed it was signed into law yesterday.
Permalink · State legislation · Comments (1)
DC City Council hearings on gun law
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
The Armed Canadian has it. Sounds like a stupid and oppressive bill may have been made worse by inept drafting.
Permalink · State legislation · Comments (0)
Md "assault weapon" bill dies in committee
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.
Permalink · State legislation · Comments (3)
Cleveland suing Ohio over pre-emption
Cleveland is suing Ohio over the recent State pre-emption law.
Permalink · State legislation · Comments (2)
Texas Senate approves Castle Doctrine
The Texas Senate passed a "Castle Doctrine" bill by a 30-0 vote.
Permalink · State legislation · Comments (1)
Utah guns on campus & choosing roommates
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]
Permalink · State legislation · Comments (7)
AZ makes self-defense bill retroactive
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?
Permalink · State legislation · Comments (4)
Texas "no retreat" bill out of committee
The Lone Star Times has a good discussion.
Permalink · State legislation · Comments (0)
Montana votes down expanded self defense bill
The Billings Gazette has the story.
Permalink · State legislation · Comments (0)
Another NY arrest in violation of FOPA
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.
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Things getting lively in People's Republic of California
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).
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GA House passes bill allowing arms in cars in parking lots
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."
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Marion Barry proposes lifting DC handgun ban
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..."
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Firearm Ed. in West Virginia
W.V. Sen. Mike Green has sponsored a bill to make firearms safety training an elective course.
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Cook County "AW" Ban
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.
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Worst gun law ever?
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.
Continue reading "Worst gun law ever?"
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Proposed AW ban in Maryland
A broad "assault weapon" ban is proposed in MD, and it sounds as if sportsmen are up in arms.
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Cost of pistol permit in NYC
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.
Continue reading "Cost of pistol permit in NYC"
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"Nutter" crime plan
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."
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Gun law proposals in Pennsylvania
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. "
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Maryland gun law sentence
A Maryland collector has been sentenced to 18 months in jail for violating state gun laws.
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Boston Mayor proposes more Mass. gun laws
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."
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Texas proposes Castle Doctrine/no retreat law
Rep. Joe Driver has introduced HB 284. The Dallas Morning News has the story.
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Michigan passes Emergency Powers Protection Act
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.
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Ohio pre-emption
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.
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Text of Ohio bill
Here's the text of the Ohio bill that was passed over the governor's veto.
More on Ohio veto overrride
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."
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Gov. Taft veto is overidden!
The Ohio Senate just passed the override. Here's the story.
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Article on NY State gun law
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?
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Vermont officials speak out
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
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)
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Ohio pre-emption bill would knock out 80 ordinances
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."
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Ohio gov says he'll veto pre-emption
A spokesman for Ohio governor Robert Taft says he will veto any pre-emption bill.
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Pre-emption passes Ohio Senate
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).
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Negotiations in Ohio
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.
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Whoops...
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
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
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.
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MA gubernatorial debates turn to castle doctrine & gun laws
The transcript is here.
Interesting that the castle doctrine (or as Brady calls it, the "shoot first law") plays that well even in Boston.
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Clash over gun laws in PA
PA's gubernatorial candidates are slugging it out on gun control. the Philie Inquirer has the story, with spin.
PA rejects gun laws
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
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...
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Proposed Calif laws
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
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
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
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
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
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.
Another head's up for Californians
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.
Continue reading "Another head's up for Californians"
Events in New York
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
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
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.
Gun law session in PA
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
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
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
The PA Senate Judiciary Committee held headings this week on a theme of more gun laws (of course).
Additional New York City laws
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?
Heads up for Californians
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.
Continue reading "Heads up for Californians"
NYC proposes "gun offender registry"
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""
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PA plans special session on gun laws
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.
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Indiana goes to lifetime gun carry permits
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."
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Interesting legislative move in AZ
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...)
Celebrations in Florida
United Sportmen of Florida reports (via email) their celebration as Gov. Bush signed six favorable measures yesterday. The statutes:
1. Makes it easy to register to vote while getting a hunting or fishing license.
2. No net loss of hunting lands. Any public land closed to hunting after this date must be offset by other land opened.
3. No confiscation of guns during an emergency
4. CCW records no longer public records.
5. Repeals old statutes banning guns in National Parks (I guess there was a state statute doing this) and in state parks. (No one was following the law, indeed there were public shooting ranges on the state parks, but might as well clean it up).
6. Provides that if a serviceman or servicewoman is on duty overseas, their CCW permit is extended until they return and can update it.
Mighty good for one day, or one legislative season!
UPDATE: Alphecca covers the story, with a roundup on media coverage,
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New AZ law
Governor Napolitano today signed into law HD 2076. As I read it, the statute:
1. Provides that when an operator of a public establishment or public event prohibits carrying of arms, he must provide secure and temporary storage for them. Further clarifies that the storage must be immediately accessible upon leaving.
2. Public event and establishment are defined as in ARS 13-3102, i.e.:
K. For the purposes of this section:1. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.
2. "Public event" means a specifically named or sponsored event of limited duration either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. Public event does not include an unsponsored gathering of people in a public place.
Note that the first covers government buildings. There will probably be some officials hot under the collar in the near future.
3. Existing law states that a holstered firearm is not a concealed weapon if carried in the glove compartment of a car: 2076 adds the map pocket as a place it may be carried.
{Update: I suspect the Univ. of Ariz. wouldn't be a public establishment, since it's an area rather than a structure. But I've always had a problem with the idea that it could regulate conduct, anyway -- other than maybe providing for expulsion IF the state law allowed that. I know they have parking regulations, and will "boot" cars -- but I am not at all sure that they have any such powers, as against just doing it and figuring people will pay.]
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Mens rea under Calif. gun law
Here's a discussion of a recent California Supreme Court ruling on the state of mind required under one provision of its gun laws, which ban possession of a rifle with overall length under 26 inches. (Defendant had a rifle 24" overall). The question was whether defendant had to know that the overall length was under 26". The California court rules:
1. The statute requires that Defendant know the gun was under the limit, but
2. This is satisfied by proof that he must have known the gun was "unusually short," and a 24 inch rifle is just that.
(2) appears to contradict, or at least defeat (1).... but that's caselaw for you.
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NYC permits for celebrities
From time to time reports come out on how, although handgun permits are rarely granted in New York City, celebrities seem to have little trouble getting them.
According to Reuters, NYC police arrested "DJ Star," a radio disk jockey, for threatening a rival over the air. "He was also ordered to surrender his gun license and a handgun."
Here's an article on the NYC permit system. Of the approximately 50,000 permits, 9,000 have been snatched up by non-police city employees. Other permittees include the publisher of the NY Times, Donald Trump, and Laurence Rockefeller, none of whom are especially likely to hang out in high crime areas. Here's another report -- the NY Time editor got his permit with the statement that he has special needs since he carries lots of cash. (One of the many paradoxes of the law is that wanting to protect yourself isn't sufficient grounds, but wanted to protect money and other valuables is).
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OK passes Castle Doctrine law
Oklahoma just passed a Castle Doctrine statute. The governor is expected to sign.
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Governor signs AZ castle doctrine bill
Just rec'd word that Governor Napolitano signed SB 1145 into law.
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Arizona veto time
Word is that Gov. Napolitano signed into law the bill removing the requirement of retraining for a CCW permit renewal, but vetoed the bill forbidding disarmament in the event of an emergency, ala New Orleans, on the ground it'd never happened here.
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"Castle doctrine" bill in AZ
The Arizona Senate unanimously passed SB 1145, which has two main effects: (1) "no retreat" if defending house or auto (although AZ doesn't have a retreat requirement anyway) and (2) use of deadly force is presumed to be justified if the other person forcefully and unlawfully entered a home or vehicle. The latter is a change in the law which, as I recall, requires a defendant to prove the defense of justification, and by a preponderance of the evidence. Word is that in the House there may be an attempt to remove the latter section. If you want to give the legislature your feelings, you can find your legislators here.
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Disabilities act applied to gun licenses
From the New Jersey Star-Ledger: a shooter who is partially disabled by head injuries was denied an NJ gun permit on the grounds that his disabilities might make him a hazard to self or others (altho he was in good enough shape to be camping and fishing). But a court has overturned the permit denial, as violating the state's laws against discriminating against the disabled.
pro gun laws booming at state level
Castle doctrine bill passes in Idaho.
Another passes the Missouri House.
Nebraska liberalizes concealed carry.
Via NRAnews.com.
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AZ law limiting emergency powers
The Arizona legislature is on the verge of passing a a bill taking away power to seize guns in an emergency, ala New Orleans.
Not a big deal in itself -- any Arizona governor who tried to do it would be flung from the Captiol roof-- but I find the opposition interesting. "Tuesday's action was criticized by Rep. Kyrsten Sinema, D-Phoenix. "It sounds a little bit like advocating or supporting those militia organizations that are interested in stockpiling weapons and taking up arms against the government," she said."
[hat tip to Bernie Oliver]
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Maryland range protection bill
The Maryland Senate has voted to expand its range protection law -- the bill now moves on to the Assembly.
At least as I read the pdf file, the statute already banned landowners from bringing a nuisance action against a range if the range was already there when the landowner acquired the land -- no "coming to the nuisance," as the common law doctrine is known. (As I recall, the usual rule was that you couldn't come to the nuisance and then sue, but there was an exception if the general nature of land use in the area had changed). The amendment makes the statutory protection apply to local governments as well. I'd assume there was some local problem with those governments, but don't know what it was.
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NY City Gun permits and the wealthy
The New York Post has an article on who's got NYC gun carrying permits. Needless to say, wealth and power help. On the list are billionaires Donald Trump and Ronald Lauder, plus several multimillionaires, actors Robert De Niro and Harvey Keitel, shock jocks Howard Stern and Don Imus. Anti-gun activist Fernando Mateo has a permit to keep a handgun at home or in his business, as are judges, prosecutors, and high-profile attorneys.
All of whom undoubtedly are more vulnerable, less protected, and more at danger than some average citizen in a high-crime area... (Hat tip to Bruce Stern).
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Kansas overrides veto, passes liberal CCW
The third try is charmed. The Kansas legislature has three times passed "shall carry," in 1997, 2004, and this month, and seen it vetoed.
This time, tho, the legislature got the 2/3 vote and overrode the veto. The vote in both houses was securely over 2/3 (27 votes needed in Senate, and it got 30, 84 needed in the house, and it got 91).
Hat tip to reader Greg Lyons....
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Md bill -- "shall issue" for women
25 Maryland delegates have cosponsored a bill to establish shall issue for women, while retaining may issue for men.
It's an interesting approach. Generally, gender discrimination is subject (if I remember correctly) to some level of review greater than rational basis and less than strict scrutiny. I suspect it wouldn't be hard to find data establishing that women are victims of violent crime more often than are men, in proportion to the population of each. (They're also less likely to be perpetrators, but that's not so relevant to the bill since the screening process is the same for both genders -- it just provides that men must prove a need for self defense, whereas women need only show they want it for self defense).
(Hat tip to reader Adrian, who spotted the bill)