Firearm Related News Stories
Lawsuit Filed To Stop Nevada Red Flag Law - December 5, 2019
A nonprofit conservative group has filed a lawsuit seeking to block implementation of Nevada's newly adopted "red flag" law before it takes effect next year.
The lawsuit was filed Thursday in Carson City District Court by NevadansCAN, a self-described "non-profit citizens action network" based in Henderson and led by Mary Rooney, a former Republican state Assembly candidate and a conservative activist. Attorneys representing the group are Alan Lefebvre and William Schuller of the Kolesar & Leatham law firm.
In a news release, Rooney and fellow plaintiff on the lawsuit Julie Chen Hereford called the law; which allows law enforcement and family members to petition a court to temporarily seize a person's firearms; a "government power grab." In addition to due process concerns, they also cited the Nevada Supreme Court's recent decision to require jury trials in misdemeanor domestic violence cases (made because of state laws requiring gun confiscation in those circumstances) meant that the "red flag" law was unconstitutional because the decision to seize a person’s firearms came from an individual judge and not a jury.
"A person accused of being a danger may not even be aware of the court action against him, and his guns can be forcibly taken by law enforcement and his premises searched," Rooney said in a statement. "Due process never enters into it."
US Supreme Court Rejects Appeal Of Case Against ArmsList - November 25, 2019
The daughter of a woman killed in a 2012 mass shooting will not be able to sue the operator of a firearms classified advertising website from which the killer illegally bought his gun after the U.S. Supreme Court on Monday declined to hear her appeal.
The justices left in place an April ruling by the Wisconsin Supreme Court that found that a federal law that shields website operators from liability for user content applied to Armslist LLC, the operator of Armslist.com.
Armslist is an Oklahoma-based website that allows users to post classified advertisements for firearms and related equipment. Potential buyers contact sellers directly.
Colorado Democrats Ready To Introduce More Anti-Gun Measures In 2020 - November 25, 2019
Having passed the red flag gun bill last year, the state legislature cannot become complacent on the issue of gun violence, argues state Rep. Tom Sullivan.
"It should be something that we discuss on a regular basis," said Sullivan, a Democrat from Aurora who championed the red flag bill, and whose son was murdered in the 2012 movie theater massacre. "You should see one or two of these types of bills being brought forward, year after year after year, so that collectively, after five or six bills, we've tightened things up."
Sullivan knows how some will interpret that statement: as a declaration of war on the Second Amendment. He insists that safe, responsible gun owners have nothing to fear. He and other Democrats said similar things last legislative session, but the red flag bill subjected them to a backlash that included a failed effort to recall Sullivan.
Nevertheless, gun-related legislation will be introduced next session, Sullivan assured The Denver Post in an interview last week.
"It's coming. It is. That's why I'm here," he said.
"I've made it clear to my colleagues that I will be standing up for this, and that I'm welcoming their participation as well. Many of them are joining me in starting to put together bill titles, in wanting to be involved."
Santa Clara County California Approves 'Safe Storage' Law - November 21, 2019
In the wake of a mass shooting at the Gilroy Garlic Festival last summer, Santa Clara County leaders this week approved a new gun control law that requires firearm owners to safely lock their weapons when not in arm's reach.
The Board of Supervisors unanimously approved an ordinance requiring the safe storage of firearms within residences on unincorporated county land. The new law requires firearms either be lawfully carried by residents, in their close proximity and control, or disabled with a trigger lock or in a locked container when left unattended. The storage requirements do not apply when firearms are carried outside of residences.
But regulating guns isn't so simple, especially in the unincorporated parts of the county. That's why Supervisor Dave Cortese worked to strike a balance with the law and take into consideration the needs of the rural communities.
County officials did not replicate laws already in effect in cities like Sunnyvale and San Francisco. Instead, they worked to tweak the language to consider both of the county's diverse urban and rural populations, such as making an exception for facilities that could be deemed “residences” during hunting trips or target practice.
Wisconsin County Becoming A 2nd Amendment Sanctuary County - November 16, 2019
Florence County, located in northern Wisconsin, is leaving it up to their sheriff not to enforce gun laws he deems unconstitutional. Some are calling it a 'sanctuary county' for the second amendment.
We'’re about one week away from gun-deer season and gun enthusiasts say they're glad local government is looking out for their rights. However, pro-gun control groups tell a sanctuary county is not only dangerous, it's also illegal.
"It's a really awesome thing hear that we've actually got local government standing behind the citizenry, and making sure that all of our rights are respected," said George Riggs, a gun enthusiast.
Florence County Supervisor Edwin Kelley says the county wanted to take a stand against potential legislation supported by Governor Tony Evers, namely a red flag law.
New Federal Bill Would Target Financial Institutions To Monitor Firearm Sales - November 15, 2019
It comes via Representative Jennifer Wexton, the Democrat who recently replaced Barbara Comstock in Northern Virginia. The obvious inspiration is Andrew Ross Sorkin's suggestion in the New York Times last year that financial institutions should reject or report gun purchases made on credit cards if they deem those purchases excessive, because some mass shootings have been committed with guns bought on credit.
The good news is that this is an actual bill in Congress, not liberals trying to enact gun controls through the financial industry that they couldn't pass into law, the way Sorkin envisioned. The bad news is that, well, it's still a terrible idea.
The bill is meant to get us to a place where the federal government's Financial Crimes Enforcement Network and private institutions work together to monitor gun sales, with the latter reporting 'suspicious' firearm related activity to the former for investigation. The process starts with a 'request for information' from financial companies regarding the data they already collect. If that data isn't sufficient to monitor gun sales, and it isn't, Congress will receive a report detailing 'any barriers to obtaining the information.'
Colorado Supreme Court Weighs Undoing Magazine Capacity Law - November 13, 2019
Gun rights groups are urging the Colorado Supreme Court to follow guidance from the U.S. Supreme Court to throw out the state’s ban on gun magazines that hold more than 15 rounds.
In arguments before the state court Wednesday, the groups' lawyer, Barry Arrington, said that since the U.S. Supreme Court has found that the right to bear arms is a fundamental right, the state has a heavier burden to prove that the magazine limit is needed. He said they cannot meet that standard.
The law was passed in 2013, a year after the Aurora theater shooting, in an effort to limit the number of deaths in mass shootings. While large capacity magazines were used in the Columbine and Aurora shootings, Arrington said that have also been widely used by gun owners, with millions of them in existence when the law was passed.
The legal challenge brought by Rocky Mountain Gun Owners and the National Association for Gun Rights is based on the gun rights' provision in the Colorado Constitution, which expressly protects the right of people to be armed to defend their homes, property and themselves. Given that, Colorado Solicitor General Eric Olson told the justices they have the right to interpret the state's constitution on their own, noting that U.S. Supreme Court guidance changes over time.
US Justice Department Rools Out New Programs To Address Gun Violence - November 13, 2019
Attorney General William Barr announced a new initiative Wednesday that would better enforce the U.S. gun background check system, coordinate state and federal gun cases and ensure prosecutors quickly update databases to show when a defendant can’t possess a firearm because of mental health issues.
The push, known as Project Guardian, was unveiled at a news conference in Memphis, Tennessee, alongside officials from the Bureau of Alcohol, Tobacco, Firearms and Explosives, on the same day public impeachment hearings against President Donald Trump began in Washington.
As part of the program, U.S. prosecutors will coordinate with state and local law enforcement officials to consider potential federal charges when a suspect is arrested for weapons possession, is believed to have used a gun to commit a violent crime or drug-trafficking offense or is suspected of being a violent gang member.
Supreme Court Allows Sandy Hook Case To Go Forward - November 12, 2019
The Supreme Court said Tuesday that a survivor and relatives of victims of the Sandy Hook Elementary School shooting can pursue their lawsuit against the maker of the rifle used to kill 26 people.
The justices rejected an appeal from Remington Arms that argued it should be shielded by a 2005 federal law preventing most lawsuits against firearms manufacturers when their products are used in crimes.
The case is being watched by gun control advocates, gun rights supporters and gun manufacturers across the country, as it has the potential to provide a roadmap for victims of other mass shootings to circumvent the federal law and sue the makers of firearm.
The court's order allows the lawsuit filed in Connecticut state court by a survivor and relatives of nine victims who died at the Newtown, Connecticut, school on Dec. 14, 2012, to go forward.
Lake County Florida Declares Itself A 2nd Amendment Sanctuary City - November 10, 2019
A Florida county has become the first in the state to pass a resolution declaring itself a "Second Amendment Sanctuary" in support of gun rights.
The Lake County Commission in central Florida approved the measure last week in response to mandatory gun buyback proposals by Democrats running for president, the Orlando Sentinel reports.
The resolution, which passed by a 4-0 vote, says that Lake County's law-abiding gun owners are safe from having their firearms taken away. The county's other commissioner was absent, but expressed support for it.
Commissioner Josh Blake was quoted by the paper and other local media as saying that the resolution draws a line in the sand.
"It doesn't mince words, and I hope it sends a message to what can best be described as the authoritarian control freaks who see it as their job to forcibly disarm their fellow citizens."
Supreme Court To Weigh Taking Up Case Against Gun Industry - November 5, 2019
The Supreme Court will consider this week whether to hear a case seeking to pierce firearm manufacturers' legal immunity in the aftermath of shootings.
The case, Remington Arms Co. v. Soto, pits relatives of those killed in the Sandy Hook Elementary School shooting against Remington, the maker of the AR-15-style rifle used in the Dec. 14, 2012, massacre in Newtown, Conn. Twenty first graders and six educators died.
The lawsuit challenges a 2005 law protecting gun makers from legal liability when their weapons are used in crimes. The families argue that Remington violated Connecticut's Unfair Trade Practices Act by recklessly marketing the rifle to disturbed young men like the Sandy Hook gunman through product placement in violent video games and advertising pitches like "consider your man card reissued."
Florida Agriculture Commissioner Proposes Changes To Concealed Carry Laws - November 5, 2019
Florida has over two million people who have a concealed carry license but they could see changes as state Agriculture Commissioner Nikki Fried is proposing some changes to concealed carry laws.
With her department overseeing the application process to obtain a concealed weapons license, Fried is hoping to change the time period when it comes to renewal from seven years to five years. Fried also called for more training when a Floridian tries to renew their license.
"You've waited five to seven years. (People) haven't picked up your gun again. Haven't cleaned it. Haven't gone back to the range. The likelihood of you harming yourself if you need it increases," said Fried.
Oklahoma Supreme Court Denies Injunction To Stop Permitless Carry - November 1, 2019
he Oklahoma Supreme Court has denied Oklahoma Lawmakers their request for an emergency stay and injunction in the hopes to stop the new permitless carry law from going into effect tomorrow.
In February, Gov. Kevin Stitt signed House Bill 2597 into law.
“We want to make sure that we let Oklahomans know that we are going to protect their rights to bear arms,” Stitt said.
The law allows Oklahomans who are over the age of 21 to carry a firearm without a permit. If you are in the military, you only have to be 18-years-old.
Sen. Kim David stressed that the bill doesn’t change federal background checks required by law to purchase a firearm, and private property owners will still have the right to allow or deny concealed or open carry on their premises.
“We allow for people in other states to be able to carry in this state without a permit,” David told News 4. “This bill simply allows law-abiding citizens that wish to carry a weapon to be able to do that in our state also without paying for the permit.”
Judge Declines Attempted Hold On Oklahoma Constitutional Carry - October 31, 2019
An Oklahoma County district judge on Wednesday declined to put on hold a law allowing people to carry a firearm without a permit or training.
House Bill 2597, which will allow "constitutional" or "permitless" carry, takes effect Friday. The state already has an open carry law on the books.
Passed last session, HB 2597 was the first bill signed into law by Gov. Kevin Stitt.
Rep. Jason Lowe, D-Oklahoma City, and others filed a lawsuit earlier this month after failing to get enough signatures on an initiative petition seeking to let voters decide whether to nullify or keep the law.
Lowe said opponents will file an appeal Thursday with the Oklahoma Supreme Court. He called the law dangerous and unconstitutional.
The case is before Oklahoma County District Judge Don Andrews. A hearing late Wednesday afternoon on a temporary injunction lasted less than 30 minutes.
Andrews ruled only on the request to put the law on hold, not the merits of the lawsuit.
Kansas City Mayour Introduces Law To Prohibit Carrying By Domestic Abusers - October 30, 2019
Kansas City Mayor Quinton Lucas on Wednesday morning proposed a city ordinance he says would keep guns out of the hands of domestic abusers.
The mayor made the announcement alongside leaders of the Rose Brooks Center, a local organization that offers protection to abused people and pets, saying this is a measure that could save the lives of domestic violence victims.
The measure would make it a municipal violation to carry a firearm if a person is the subject of a restraining order issued by a court or has been convicted of the crime of domestic violence, whether that is a misdemeanor or felony.
"We will try to make sure we can save every life possible," the mayor said. "We want to make sure that never in Kansas City do we just think this is something we will get used to. Because it is not."
Illinois Senate President Says Not Enough Votes To Pass Fingerprints For FOID Card Bill - October 30, 2019
A bill that would require Firearm Owner Identification card applicants to submit fingerprints to the Illinois State Police doesn't have enough votes so far to pass the Illinois Senate.
Hundreds of gun owners gathered in Springfield on Tuesday to oppose Senate Bill 1966, which would to increase the fees for FOID cards and require fingerprints.
Michael Flowers drove from Grafton to Springfield to tell lawmakers that only criminals should have to submit fingerprints.
"But if they pass that bill, if you own a gun, you'd have to be fingerprinted," Flowers said. "So they’re taking legal, law-abiding citizens and trying to make criminals out of them with silly laws."
Springfield resident John Woodside said the measure would put additional burden on gun owners who follow the law while doing nothing to criminals.
Gun Control Group Dropping $100,000 INto Virginia Elections - October 30, 2019
The gun-control group Everytown for Gun Safety announced on Wednesday it will pour an additional $100,000 into the Virginia general election to promote candidates who support new gun safety legislation.
Virginia has already become a heated battleground in the debate over gun control, with gun-rights groups such as the National Rifle Association (NRA) and gun-control groups launching pressure campaigns and political ads to influence the upcoming elections on November 5, when the state's entire General Assembly will be on the ballot.
The outsize push for gun reform in the state, an unusually focused agenda for national interest groups, comes after a gunman stormed a municipal building in Virginia Beach in May. The shooter, a longtime city employee, killed 12 people and injured several others. He was himself killed in a firefight with police officers responding to the scene.
Judge To Decide Today If Constitutional Carry Law Can Go INto Effect - October 30, 2019
A judge is scheduled Wednesday to decide whether Oklahoma's new permitless carry gun law will take effect on Friday as scheduled.
Opponents of the new law are giving one last effort to see the legislation stopped in its tracks.
According to News OK, an Oklahoma County District Judge will be hearing a request Wednesday. It will be presented by State Representative Jason Lowe and several Oklahoma and Cleveland County residents.
The law, signed by Governor Kevin Stitt earlier this year, would allow most Oklahomans over the age of 21 to carry a gun without a permit or training--either concealed or unconcealed.
Those bringing the legal challenge said this new legislation focuses on more than one main topic and is unconstitutional.
Those in opposition understand that the biggest obstacle is the clock, which is why they've also asked the judge for an injunction.
If the judge rules against them Wednesday, they promise to continue to explore other options to repeal the law.
Aspen Colorado City Council Bans Open Carry In Chambers - October 23, 2019
All five members of Aspen City Council stood fast in the face of nearly three hours of public comment Tuesday night, and unanimously passed a ban on open carry guns during city council meetings and within city buildings where posted.
The second reading of the ordinance was scheduled as the last order of business for the night. A group of more than ten dissenters sat through the entire council meeting, which began at 5 p.m, in order to voice their concerns about the ordinance to the council.
Lauren Boebert was among a group of women who attended the meeting with holstered firearms visible. The group questioned the legality of the ordinance and said they feared continued government overreach.
"This ordinance is unconstitutional and violates the law of the land," said Boebert. "If the Second Amendment will not be held in high regard by the city of aspen, what other rights are you prepared to trample on?"
Illinois Concealed Carry Reciprocity Case Heads to Supreme Court - October 23, 2019
A challenge to how Illinois treats other states' carry permits has now been sent to the U.S. Supreme Court for appeal.
The case, brought by a group of nine individuals allied with three pro-gun groups, takes issue with the fact that the Land of Lincoln refuses to issue non-resident concealed carry permits or recognize permits issued from 45 other states, regardless of an individual’s background or prior training.
"This is a case that literally begs for Supreme Court attention," said Second Amendment Foundation founder Alan Gottlieb. "When the Court ruled in the 2008 Heller case that the Second Amendment protected a fundamental right, it was clear that this right belongs to everyone, not just the residents of an individual state. The Seventh Circuit held in Moore v. Madigan that the carrying of firearms in public for self-defense is a fundamental right, but under existing Illinois restrictions, that right has been limited to Illinois residents and citizens from only four other states."