Gun Related News Stories
Delaware Supreme Court Strikes Down Restrictions On Guns In State Parks And Forests - December 7, 2017
From Thursday's Bridgeville Rifle & Pistol Club v. Small, a decision applying the Delaware Constitution's right to bear arms:
We are asked whether unelected officials from the State's parks and forest departments, whose power is expressly limited, can ban (except for a narrow exception for hunting) the possession of guns in state parks and forests in contravention of Delawareans' rights under the State's constitution. Clearly they cannot. They lack such authority because they may not pass unconstitutional laws, and the regulations completely eviscerate a core right to keep and bear arms for defense of self and family outside the home - a right this Court has already recognized. As such, the regulations are unconstitutional on their face.
Article I, Section 20 of the Delaware Constitution ... provides: "A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use." Although federal courts are still grappling with whether there exists a Second Amendment right to carry a firearm outside the home, our Court settled the issue under our own constitution in our unanimous, en banc opinion in Doe v. Wilmington Housing Authority, by holding that, "[o]n its face, the Delaware provision is intentionally broader than the Second Amendment and protects the right to bear arms outside the home, including for hunting and recreation." We stated that, though not unlimited, Section 20 protects a core right of "defense of self and family in addition to the home" (as all parties here concede).
House Judiciary Committee Votes To Move National Reciprocity To Floor - November 29, 2017
A key House panel passed legislation Wednesday to expand the rights of concealed carry permit holder as part of the first congressional action on gun legislation since this fall's mass shootings.
The House Judiciary Committee voted 19-11 in favor of the 'Concealed Carry Reciprocity Act' Wednesday, after rejecting numerous attempts by Democrats to amend the bill. The members also approved a less controversial bill 17-6 to boost authorities' compliance with the federal background check system.
Michigan Senate OKs Legislation that Allows Concealed Weapons in Gun-Free Zones - November 10, 2017
The Michigan state Senate on Wednesday approved a bill that allows licensed gun owners to carry in places that do not allow weapons.
With eight extra hours of training, people with concealed weapons permits would be allowed to carry in churches, schools, stadiums, day cares, concert halls, bars, hospitals, and other places that under current law are designated gun free.
The series of bills were sent to the state House for consideration. While Republicans control both chambers, passage of the legislation is not certain as Republican Gov. Rick Snyder vetoed a similar plan in 2012.
The legislation would give privately-owned businesses the right to remain gun free, however. And current law still allows school districts to have a say over whether guns would be allowed in schools.
Ohio House Passes Duty To Inform Repeal Bill - October 24, 2017
With bipartisan support, the Ohio House on Tuesday voted to ease the penalties for drivers with concealed-carry permits who fail to promptly tell a police officer of the presence of a gun in the vehicle when pulled over.
"Ohioâ€™' current concealed carry notification law is ambiguous, arbitrarily enforced, and carries the most draconian penalties in the nation, which harms otherwise law-abiding citizens," said the billâ€™s sponsor, Rep. Scott Wiggam (R., Wooster).
House Bill 142 now goes to the Senate. It is opposed by the Ohio Fraternal Order of Police and the Ohio Chiefs of Police Association. The Buckeye Sheriffs Association has taken a neutral stance.
Gun rights advocates, however, are divided with some angry that lawmakers backed away from the original intent of the bill to do away with a driverâ€™s duty to inform the officer altogether.
Rep. Nino Vitale (R., Urbana) planned to offer an amendment on the floor to revert back to the original bill's language, but House Speaker Cliff Rosenberger (R., Clarksville) called for a vote before he could.
"There is no other law in the state of Ohio that requires us to notify if we're giving a speech, if weâ€™re going to church," Mr. Vitale said after session. "It's a burden on the best citizens of Ohio. Concealed carry holders are the absolutely most law abiding.
Gun Violence Researchers Discover Background Check Laws Having Little Effect - October 17, 2017
Strict gun laws passed in two states to require background checks for every firearm sale had virtually no effect, a new study has found.
Gun violence experts from the Center for Gun Policy and Research and the Violence Prevention Research Program conducted a study in Washington state, Colorado and Delaware to analyze whether state laws requiring more background checks actually resulted in more checks.
The results, published in medical journal Injury Prevention, suggest the laws had little impact.
Delaware was the only state that saw apparent results, with an increase ranging from 22 to 34 percent based on the type of firearm. But according to the study, "no overall changes were observed in Washington and Colorado."
The study said data "external to the study" suggested Washington saw a "modest, but consistent" increase in background checks for private party sales, and Colorado saw a similar increase in checks for non-gun show sales.
"These arenâ€™t the results I hoped to see. I hoped to see an effect. But it's much more important to see what's actually happened," Garen Wintemute, one of the studyâ€™s authors, told The Guardian.
FBI Reports Over Four Times More People Stabbed to Death Than Killed with Rifles of Any Kind - October 16, 2017
The FBI Uniform Crime Report (UCR) for 2016 shows more than four times as many people were stabbed to death than were killed with rifles of any kind. And because the category of rifles covers every type of rifle, this means there would be an even greater divide between the number of people stabbed to death versus those shot to death with an AR-15 or similar rifle.
According to FBI: UCR Table 12, there were approximately 374 people shot and killed with rifles of any kind. There were 1,604 people killed with "knives or cutting instruments."
Table 12 also shows that more people were killed via the use of "hands, fists, feet, etc.," than were killed by rifles of any kind. In fact, the tally shows that the death numbers were not even close. While approximately 374 people were shot and killed with rifles, roughly 656 people were beaten to death with "hands, fists, feet, etc."
9th Circuit Court Rules There Is No Right To Sell Firearms - October 11, 2017
Does the Second Amendment protect an individual right to sell firearms to the public? No, the 9th U.S. Circuit Court of Appeals ruled on Tuesday in Teixeira v. County of Alameda, a landmark decision affirming the government's constitutional authority to strictly regulate gun shops. The 9 to 2 ruling is a victory for gun safety advocates who feared judicial aggrandizement of the right to bear arms could invalidate myriad laws governing firearm commerce. The decision may be imperiled, however, if the plaintiffs appeal to the Supreme Court, where conservative justices are increasingly eager to expand the scope of the Second Amendment.
Teixeira began as a challenge to a policy passed by Alameda County that imposed certain restrictions on gun sellers. Under the policy, all firearm retailers must obtain a permit, and none may operate near residential areas, schools, day care centers, other gun shops, or liquor stores. The three plaintiffs in the case wanted to open a gun shop but could not get a permit under county policy. They sued on behalf of themselves and their potential customers, alleging that the policy violated the Second Amendment in two ways; by preventing would-be customers from buying a gun, and by prohibiting them from selling firearms. A federal district court dismissed the claim, but a panel of judges for the 9th Circuit revived it by a 2 to 1 vote. The court then elected to rehear it en banc, ultimately deciding that the county policy passed constitutional muster.
DC Wont Take Concealed Carry Case To Supreme Court - October 5, 2017
After days of consulting with the mayor's office and city council members, D.C. Attorney General Karl Racine has reportedly decided not to fight a ruling that effectively strikes down the District's strict law that makes it difficult for gun owners to get concealed carry permits.
Sources told WTOP's broadcast news partner NBC Washington that Racine made the decision not to appeal to the U.S. Supreme Court and will formally make an announcement later on Thursday.
The law, which requires that people show 'good reason' to carry a concealed weapon before they can get a permit, suffered a setback in July when a divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled that it infringes on residents' Second Amendment rights.
D.C. officials later asked the Court of Appeals to rehear the case as a full court. However, in a brief order last week, the court said it would not reconsider the ruling, leaving the city's attorney general with no choice but to take the case to the U.S. Supreme Court or back down.
Sheriff Warns Concealed Carry License Website Is a Scam - September 25, 2017
A sheriff in Pennsylvania warned residents last week a website offering online concealed carry permits is a scam.
Allegheny County Sheriff's Office Chief Deputy Kevin Kraus told the Pittsburgh Tribune-Review Friday the website www.concealcarryservices.com is fake and has no connection with state or local law enforcement agencies. The site claims to offer assistance in the concealed carry permit process for Pennsylvania, Florida, Wisconsin, Michigan and Louisiana.
"Users are directed to select a state and complete an online form, which prompts them to supply personal information almost identical to what would be provided on an application for a Pennsylvania license to carry firearms," Kraus told the newspaper, warning residents the site also requests credit card information and charges an application fee, as much as $37 in some cases.
The website offers no specific contact information, just a disclaimer that reads: "ConcealCarryServices.com is not owned by, nor affiliated with any county, federal, state or city government. The application assistance services we offer are supplementary and the fees are in addition to those required by the state. Our service can save you time and effort by making it very clear what you need to do to complete your application accurately, and by eliminating your need to wait on hold with government organizations if you have question"
Utah Legislature Advances Bill To Increase Gun Permit Fees - September 22, 2017
The Utah Legislature's Law Enforcement and Criminal Justice Interim Committee gave approval this week to a measure that would drive up renewal costs for concealed firearms permits and background checks.
Under the 25-page proposal, which adjusts a wide variety of public safety fees, the renewal fees for CFP permits would move from $15 to $24.75 for in-state residents, the same price as a new applicant. In addition, the $7.50 Brady fee assessed on firearms transfers would jump to $10.
State Sen. Daniel Thatcher, R-West Valley City, said the increase has been three years in the making and current revenue is not sufficient to cover program costs.
"I would really like to get this bill passed so that we can recover the tax dollars that are currently subsidizing what should be covered by fees," Thatcher told the committee Wednesday.
Utah has seen a staggering increase in the numbers of CFPs in circulation in the past decade. Statistics by the Utah Bureau of Criminal Identification show in 2006 there were 13,139 applications, whereas in 2016 there were 95,093.
Sig Sauer Issues Recall Notice On Limited Number Of Rifles - September 19, 2017
Newington, NH (September 15th, 2017) - SIG SAUER, Inc. has determined that a limited number of rifles in the SIG716 DMR, SIG516 Carbon Fiber and SIGM400 Predator models were built with a two-stage SIG SAUER trigger that may have an improperly heat-treated hammer. Over time this could result in a trigger malfunction creating a significant safety hazard. SIG SAUER is issuing a mandatory recall to replace the hammer and trigger assembly in these specific rifles. This recall does not affect any military or law enforcement rifles or any SIG MCX/SIG MPX products.
SIG SAUER will correct any of the affected firearms at no cost to the customer.
To determine if a specific firearm is affected by the recall, go to https://www.sigsauer.com/support/safety-center/rifle-safety-warning/ and utilize the serial number identifier and visual inspection instructions.
If you are a customer who is affected by the recall, stop using the firearm immediately and follow the instructions on the website or call SIG SAUER Customer Service by dialing 603-610-3000, option #1. Have the rifle's serial number available.
DOJ Ends Obama Era Operation Choke Point - August 18, 2017
The Trump Justice Department is ending an Obama-era program that had attempted to cut off credit to shady businesses but came under fire from Republicans for unfairly targeting gun dealers and other legitimate operations.
Just days after top House Republicans had pressed Attorney General Jeff Sessions to shutter Operation Choke Point, the department confirmed in a response letter that the program is dead.
"All of the Department's bank investigations conducted as part of Operation Chokepoint are now over, the initiative is no longer in effect, and it will not be undertaken again," Assistant Attorney General Stephen Boyd said in the Aug. 16th dated letter, calling it a 'misguided initiative' from the prior administration.
Dangerous New Threat to Gun Ownership, Gun Violence Taxes - August 16, 2017
Thanks to a tortured ruling by the Washington State Supreme Court, the gun prohibition lobby has reloaded to use this tax for an assault on gun ownership.
On August 10 Washington's high court sided with the City of Seattle, which adopted a "gun violence tax" in a strategy to slither around the state preemption law that placed exclusive authority for regulating firearms in the hands of the State Legislature. And this new scheme could be coming to any city that has an anti-gun rights Mayor and City Council.
In Seattle's case, the tax is $25 on the sale of each firearm, plus two to five cents for each round of ammunition sold. This threat takes on even more sinister dimensions when one considers the potential for cities to simply up the fee. Seattle started with $25 per gun, but what if they want to raise that to $100, $500 or even $1,000?
It opens the door wide to making gun ownership prohibitively expensive for average citizens. Essentially, Washington's Supreme Court just handed the gun prohibition lobby and its allies in government a new strategy: If they can't ban or regulate gun ownership out of existence, they will simply tax it into oblivion.
The ruling creates a new battleground for groups like the National Rifle Association, Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms, and the National Shooting Sports Foundation.
MC Members Being Arrested For Unlawful Carry Without Cause - August 16, 2017
ABC News in El Paso reported this last weekend that 5 members of the Bandidos Motorcycle Club were arrested for Unlawful Carrying of a Weapon, even though every one could legally possess a weapon, solely because of their membership or association with the motorcycle club. They were initially stopped by the El Paso PD Gang Unit for an alleged failure to properly signal. All 5 men are from New Mexico and were traveling to El Paso to attend a funeral for a deceased member.
This is not a isolated event. In November 2015, the MPP reported that "the trend to confiscate handguns and revoke legally obtained permits from motorcycle club members in America is on the rise.
From Houston to Long Island, and now back to Texas, law enforcement is aggressively targeting the gun rights of those in motorcycle clubs". That trend, particularly in Texas, shows no signs of slowing down.
This assault on fundamental 1st and 2nd Amendment rights is based on a Texas statute that makes it illegal for a gang member to carry a weapon. Many motorcycle clubs are labeled gangs by law enforcement, so the implications are vast and impact thousands of US citizens.
FBI Admits Matching Gun Buyers To Terrorist Watch List In Court - August 12, 2017
Think all these bills trying to get gun owners 'screened' against the terrorist no-fly list are outrageous?
How about if we told you the FBI has been doing it for 10 years without permission from Congress?
Yup, that's right, the FBI has admitted in court that every form 4473 is matched against the terrorist watch list.
Time to call you congress critters and raise holy hell.
A federal lawsuit has finally brought the topic to light, please read the information in the link for more details.
Washington State Supreme Court Upholds Seattle Gun Tax - August 10, 2017
The Washington state Supreme Court upheld Seattle's gun and ammunition tax in an 8-1 ruling Thursday morning.
The city passed legislation in 2015 to charge gun shops $25 for every gun sale and a nickel for every round of ammunition, projecting that it would raise up to $500,000 a year for gun violence prevention programs. But in 2016, it raised less than $200,000, according to The Seattle Times.
The National Rifle Association was among those suing the city, arguing the tax is illegal because Washington state prohibits local governments from adopting laws related to firearms unless those local ordinances are specifically authorized. But the city said the measure is within its taxing authority.
The majority opinion, written by Justice Debra Stephens, determined the ordinance is not unconstitutional, saying it "imposes a tax because its primary purpose is to raise revenue for the public benefit. That tax is specifically authorized under RCW 35.22.280(32), which grants first class cities broad tax powers, including the authority to levy a flat tax on gun sales."
Innocent New York Vet Had Guns Confiscated Under SAFE Act - August 8, 2017
A 70 year old New York veteran spent months fighting to get his guns back after being wrongfully targeted for confiscation after a bureaucratic screw-up labeled him mentally ill.
Don Hall, who served in Vietnam, said police showed up at his house late one night with an order to take his guns. Hall said he was surprised by the order and didn't have any idea why it declared him "mentally defective." When he told police he hadn't ever had any mental issues, they told him he must've done something to trigger the state's restrictive New York Secure Ammunition and Firearms Enforcement (SAFE) Act.
"They said that they never did this to anybody that they didn't know why they were doing it," Hall told Syracuse.com. "I said well, I don't know why.'"
The police then took six guns from Hall, four long guns and two handguns.
Hall and his lawyer believe the confiscation was the result of a report filed under the SAFE Act, as police told Hall the night of the confiscation. However, the New York Office of Mental Health told Syracuse.com the confiscation was initiated under federal law, which requires hospitals to report when somebody has been involuntarily committed. Either way, Hall said nobody would tell him what he was supposed to have done wrong or listen to his claims of innocence.
"I was guilty until I could prove myself innocent," Hall told the publication. "They don't tell you why or what you supposedly did. It was just a bad screw up."
D.C. Court Of Appeals Strikes Down 'Good Cause' Carry Clause - July 25, 2017
Today, the Court of Appeals for the D.C. Circuit struck down Washington, D.C.'s 'good cause' handgun carry rule that plaintiffs in 2 cases argued constituted a ban on the right to keep and bear arms.
In today's Wrenn v. District of Columbia decision (a related case, Grace v. District of Columbia, was consolidated with Wrenn on appeal), a lawsuit helmed by civil rights attorney Alan Gura and backed by the Second Amendment Foundation, the Court held in relevant part that D.C.'s "good-reason" handgun carry ban laws were unconstitutional:
House Passes Spending Bill That Includes Sale Of Military 1911s - July 17, 2017
The House version of the 2018 National Defense Authorization Act was approved and included a plan to transfer the U.S. Army's remaining stock of .45 ACP M1911A1 pistols to the Civilian Marksmanship Program.
Added as an amendment by U.S. Rep. Mike Rogers, R-Alabama, while the NDAA was in debate in the House Armed Service Committee, it would speed up the transfer of potentially the largest remaining stock of military surplus World War II-era handguns in government hands to the public. The legislation passed 344-81 and was sent to the Senate for consideration.
"This policy has been included in the NDAA since 2015, but the Obama Administration blocked the Army to transfer the 1911s for political reasons," said Rogers in a statement Friday. "I am hopeful that with the help of the Trump Administration, we can make this provision a reality."
Two years ago, President Obama signed the FY16 spending bill into law, which authorized the Army may transfer no more than 10,000 of their estimated 100,000 surplus 1911s per year to the CMP during a one-year pilot program. However, the transfer was never implemented, leaving the pistols in limbo. Rogers' amendment, added as Section 1064, would strip away the 10,000-gun cap and make it mandatory for the pistols to move, striking "may transfer" and replacing it with "shall transfer" with the schedule in the hands of the secretary of the Army.
Florida Carry Takes Open Carry Case To US Supreme Court - July 10, 2017
A Florida gun group has filed an appeal in the U.S. Supreme Court in a case dealing with how Florida regulates open carry for weapons and firearms.
On Monday, Florida Carry Inc. filed an appeal in the U.S. Supreme Court in the Dale Norman vs. Florida case, a case revolving around how Florida regulates concealed weapons permit holders and the accidental brandishing of firearms.
It all started in 2012 when Dale Norman was found guilty of a second-degree misdemeanor after his firearm accidentally became exposed outside of his house.
Norman was walking down the street in Fort Pierce carrying his handgun, which was not covered by his clothing. When a passerby saw the gun, the police were called and Norman was arrested.
A lower court found Norman guilty of violating the state's open carry ban, even though Norman had a concealed weapons permit for his handgun.
The court slapped Norman with a $300 fine and court costs, but the legal challenges didn't end there.
Norman alleged state lawmakers were wrong in banning open carry because it requires people looking to defend themselves to first get a concealed weapons permit if they ever want to protect themselves while outside the four walls of their homes.
The state, on the other hand, believes that if open carry were to be legal, legislators would have already passed a bill allowing it.