Firearm Related News Stories
Credit Card Companies Halt Roll Out Of Codes For Gun Purchases - March 9, 2023
Visa Inc. and Mastercard Inc. have decided to pause implementing a plan that activists had hoped would track firearm sales and help curb gun violence.
The payments giants, along with Discover Financial Services and American Express Co., are delaying the work after a series of bills in state legislatures targeted the International Organization for Standardization's new merchant category code. The MCC was created to be used when processing transactions for gun and ammunition stores
Federal Judge Blocks Biden's Ban On Parts Kits - March 4, 2023
The ATF can no longer enforce its unfinished-gun parts ban against one of the foremost makers of homemade firearm kits.
Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas, a George W. Bush appointee, issued a preliminary injunction on Thursday extending protections against the government's new regulations on homemade gun parts to Defense Distributed. The ATF can no longer implement its rule in regard to the company or its customers. The judge found those rules, proposed at the request of President Joe Biden are likely unconstitutional and cause an undue burden on the parts maker.
Judge O'Connor wrote in VanDerStok v. Garland that "[t]he Government's likely ultra vires enforcement efforts upset decades of ATF regulatory precedent against a public that has relied on that historic posture" and "the liberty interests of law-abiding citizens wishing to engage in historically lawful conduct (dealing in now-regulated parts), which Defense Distributed shares, outweighs the Government's competing interest in preventing prohibited persons from unlawfully possessing firearms."
Nebraska Legislature Close To Passing Constitutional Carry Bill - March 3, 2023
Nebraskans are closer than ever before to not having to obtain a government-issued permission slip before exercising their right to bear arms in self-defense after lawmakers voted to advance a Constitutional Carry bill on Friday morning, overcoming a filibuster attempt by Democratic opponents that stretched over three days.
LB 77 passed first reading by a vote of 36-12 shortly before noon on Friday; the strongest sign yet that the bill's chances of passage are much better than in recent years. Sen. Tom Brewer has brought forward a Constitutional Carry bill for several sessions running, and last year came just two votes short of ending the Democrats' filibuster. In last November's elections Republicans were able to make some additional gains in the unicameral legislature, while Brewer was able to defuse the objections and win the support or neutrality of the state's largest police unions by offering an amendment that will enhance the penalties for using a firearm in the commission of some crimes.
Federal Court Strikes Down Law Barring Gun Ownership By People Accused Of Domestic Violence - February 2, 2023
A federal appeals court ruled Thursday that the government can't stop people who have domestic violence restraining orders against them from owning guns, the latest domino to fall after the U.S. Supreme Court's conservative majority set new standards for reviewing the nation's gun laws.
Police in Texas found a rifle and a pistol at the home of a man who was the subject of a civil protective order that banned him from harassing, stalking or threatening his ex-girlfriend and their child. The order also banned him from having guns.
Illinois loses appeal over gun control law, leaving restraining order in effect - January 31, 2023
The state of Illinois lost an appeal on Tuesday after a lower court judge issued a restraining order on a newly enacted ban on some semiautomatic rifles as well as high-capacity magazines.
Illinois Governor J.B. Pritzker signed the gun control law on Jan. 10, which bans the sale and distribution of assault weapons, high capacity magazines, and switches, which went into effect immediately after he approved it.
Effingham County Judge Joshua Morrison issued a temporary restraining order against the law on Jan. 24, preventing it from being enforced.
Morrison's ruling came in response to a lawsuit from four gun merchants and 850 individuals who argued that the law was enacted improperly and didn't have proper public input, adding that the law violated the state and U.S. Constitutions equal protection clause in providing exemptions for some groups of people based on their occupation or training. For example, people who are active or retired law enforcement are excluded from the ban.
Illinois Governor J.B. Pritzker Signs 'Assault Weapon' Ban Bill - January 10, 2023
Illinois Governor J.B. Pritzker signed an assault weapons ban into law Tuesday night, hours after the Illinois House passed it in Springfield.
"I'm signing this legislation tonight so it can take immediate effect," Pritzker said in a press conference Tuesday night.
Pritzker announced the bill's signing while flanked by Illinois congressional Democrats and gun control advocates from around the state and across the country.
The legislation bans the manufacture or possession of dozens of brands and types of rapid-fire rifles and pistols, .50-caliber guns and some attachments. The law will allow gun owners to keep the guns they have now, but will require them to register them with the state.
Illinois gun manufacturers can continue to make assault weapons and sell them to suppliers in other states, but may not sell them to buyers in Illinois under the new proposal.
The House vote came down mostly along party lines, though outgoing Republican leader Jim Durkin voted for the assault weapons ban. Rep. Deanne Mazzochi, who lost in November, did not record a vote, though she argued against the bill in floor debate.
After the bill passed the Senate, Pritzker released the following statement:
“For a long time now, I and many other leaders in the Illinois General Assembly have prioritized getting the most dangerous weapons off our state’s streets. Today, honoring the commitment we made, we passed one of the strongest assault weapons bans in the nation, one I will be proud to sign."
Federal Court Block Key Points Of New Jersey Concealed Carry Law - January 9, 2023
A federal judge on Monday hit the brakes on New Jersey's new concealed carry law, finding that the tough restrictions on where and when a person can carry a firearm in public present "considerable constitutional problems."
The ruling comes less than three weeks after Gov. Phil Murphy signed legislation pushed by the governor and his Democratic colleagues in the Legislature to strictly limit concealed carry in an array of "sensitive places" and prohibiting permit-holders from keeping a loaded gun in their car.
In a 60-page decision, Judge Renee Marie Bumb, a George W. Bush appointee, issued a temporary restraining order against New Jersey officials preventing them from enforcing certain provisions of the law, including the "sensitive places" restriction and the restrictions placed to carry in cars and private property. The law specifies dozens of places where guns are not allowed, including schools, courthouses, and parks and beaches.
Bumb also sharply criticized state leaders, whom she wrote "should have been better prepared to defend the legislation’s constitutionality."
Federal Court Strikes Down Bump Stock Ban - January 7, 2023
A federal appeals court on Friday struck down the Trump-era ban on bump stocks, a firearm accessory that enables a semi-automatic gun to shoot at an increased rate of fire.
In a 13-3 decision, the 5th Circuit Court of Appeals in New Orleans held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), acting under "tremendous" public pressure, shot-circuited the legislative process by approving a rule to define bump stocks as "machineguns," which are illegal to possess. The court said ATF did not have the authority from Congress to do so.
The bump stock ban, opposed by gun rights activists, was enacted by the Trump administration after the 2017 massacre in Las Vegas, where a gunman slaughtered 58 people at a music festival. The shooter used rifles equipped with bump stocks, allowing him to fire more than 1,000 rounds in 11 minutes at a crowd of 22,000 people.
Concealed Carry Doubles Due To Soft On Crime Policies - November 27, 2022
According to a new study by the University of Washington, the number of U.S. adult handgun owners carrying daily nearly doubled in four years.
The November 16 study found that 6 million adults carried a firearm on themselves in 2019, which is up by 3 million in 2015.
Self-protection was cited as the main reason for the uptick in gun holders, with seven out of 10 saying that they carry a gun to protect themselves against other people.
In 2015, only 9 million people reported carrying a handgun. Now, at least 16 million people say they carry a loaded weapon on them at least once a month.
The total number of Americans owning handguns spiked from 38 million to 53 million in just a few short years.
Number Of People Carrying For Protection Dramatically Increases - November 26, 2022
Twice the number of Americans were carrying handguns daily in 2019 compared to 2015, according to a new study published this month.
Around 6,000 gun owners carried handguns every day in 2019, up from 3,000 in 2015, according to a study from the American Journal of Public Health published on Nov. 16.
The number of respondents to the online survey who said they had carried a gun in the last month also nearly doubled from 9 million to 16 million in 2015.
The study focuses solely on owners carrying a handgun on their person, not in their car.
Supreme Court Rejects Bump Stock Ban Suit - November 14, 2022
On Monday, the United States Supreme Court rejected a challenge to a federal ban on devices known as "bump stocks" that enable semi-automatic weapons to fire like machine guns, according to a report from Reuters.
The Supreme Court justices reportedly declined to review an appeal by a group of firearm dealers and individuals after a lower court rejected their argument that the bump stock ban violated the U.S. Constitution. The ban was first instituted during President Donald Trump’s term
Tennessee Court of Appeals Strikes Down Gun Ban In Public Housing - October 14, 2022
Public housing agencies in Tennessee can no longer include provisions in their leases that bar tenants from having guns in their homes, a state appeals panel has ruled.
A three-judge panel of the Tennessee Court of Appeals made the unanimous decision Thursday, saying that the prohibitions in public housing violate the 2nd Amendment rights of its residents.
In the ruling, the judges cited a prominent U.S. Supreme Court decision from June that expanded gun rights, while striking down a New York law requiring people to demonstrate a particular need for carrying a gun in order to get a license to carry a gun in a concealed way in public.
The Tennessee decision could set up an appeal to the state Supreme Court, which has a majority appointed by Republican governors.
Federal Judge Strikes Down Federal Law Banning Gun With Serial Numbers Removed - October 13, 2022
A federal judge in West Virginia has ruled that a federal ban on possessing a gun with its serial number removed is unconstitutional, the first such ruling since the U.S. Supreme Court dramatically expanded gun rights in June.
U.S. District Judge Joseph Goodwin in Charleston on Wednesday found that the law was not consistent with the United States' "historical tradition of firearm regulation," the new standard laid out by the Supreme Court in its landmark ruling.
The decision came in a criminal case charging a man, Randy Price, with illegally possessing a gun with the serial number removed that was found in his car. The judge dismissed that charge, though Price is still charged with illegally possessing the gun after being convicted of previous felonies.
Federal Judge Halts Key Parts Of New York Gun Law - October 6, 2022
A federal judge halted key provisions Thursday of New York's latest attempt to restrict who can carry a handgun in public and where firearms can be brought, saying multiple parts of a law the state passed this year are unconstitutional.
U.S. District Judge Glenn Suddaby focused on multiple parts of the law, saying licensing requirements, like a rule requiring applicants to turn over information about their social media accounts, went too far.
"Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction. And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self defense into a mere request," wrote Suddaby, who sits in Syracuse.
Supreme Court Vacates Controversial Massachusetts Gun Control Law - October 5, 2022
The Supreme Court ordered a lower court ruling on a Massachusetts gun control law to be vacated and directed a lower court to reconsider the case.
The case in question, Morin v. Lyver, centers around a controversial Massachusetts law that imposes strict restrictions on the possession and purchase of handguns, including the need for a license in order to purchase or possess a pistol. The law also includes a lifetime ban on purchasing handguns on anyone convicted of a nonviolent misdemeanor involving the possession or use of guns.
The U.S. District Court of Massachusetts originally found the law constitutional, but the Supreme Court on Monday ordered that ruling vacated and the case "remanded to the United States Court of Appeals for the First Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen."
Philly Judge Strikes Down Democrat Mayor's Gun Ban - October 4, 2022
On Monday, a judge in Philadelphia blocked Mayor Jim Kenney's (D) ban on guns at city recreational facilities. The injunction was issued less than a week after Kenney signed an Executive Order putting the ban in effect.
An attorney for the organization Gun Owners of America filed a lawsuit claiming that Pennsylvania law states that local municipalities cannot regulate the lawful possession of firearms, 6 ABC Action News reported.
Judge Joshua Roberts of the Philadelphia Court of Common Pleas declared that Kenney's order violated the Uniform Firearms Act.
Supreme Court Rejects Gun Rights Challenge To Bump Stocks Ban - October 3, 2022
The Supreme Court on Monday rejected a new effort to expand gun rights by declining to hear a challenge to a Trump-era ban on so-called bump stocks, which allow semi-automatic rifles to fire more quickly.
The decision not to hear the two related cases, a blow for gun rights activists, leaves the ban in place. The conservative-majority court issued a major ruling in June that expanded gun rights, although the legal issues in the bump stock cases were different.
Judge Declines To Combine 4 Lawsuits Against Gun Regulations In Boulder County - September 16, 2022
A federal judge on Friday declined to combine the four lawsuits currently pending before different judges that challenge the constitutionality of gun restrictions in Boulder County and three of its municipalities.
U.S. District Court Judge Raymond P. Moore, who was assigned the case involving the town of Superior, indicated he wished to see the lawsuits proceed separately. He acknowledged there will now be a possibility of conflicting rulings between various judges about whether the various local ordinances violate the Second Amendment.
But, Moore said, "if anyone thinks the district court is going to have the last say on this, they're kidding themselves. Come on."
The legal challenges in Boulder County are a product of the U.S. Supreme Court's decision from June in New York State Rifle & Pistol Association, Inc. v. Bruen, in which the court's conservative majority made it more difficult for gun restrictions to pass constitutional muster. Around the same time, Boulder County and the municipalities of Superior, Louisville and Boulder enacted substantially similar firearm regulations, including a ban on large-capacity magazines and "assault weapons."
NJ 10 Round Magazine Ban Sent Back Down tT U.S. District Court - September 12, 2022
In what should be a semi open and shut case, the matter of New Jersey's 10 round magazine capacity limitation case has been remanded further down. The Grant, Vacate, Remand from the Supreme Court of the United States on Association New Jersey Rifle, et al v. Attorney General New Jersey, et al. should have been a solid indicator to the United States Court of Appeals for the Third Circuit on how to rule. Based on prior arguments and the textual lens on how to view things, which was delivered by NYSRPA v. Bruen, the fact that this isn't settled already is baffling.
The August 25, 2022 Order decided to "kick", in the "kick or stick scenario".
This matter having been remanded for further consideration in light of the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022), and upon consideration of the parties' positions on whether it should in turn be remanded to the District Court for decision in the first instance under the standard announced in Bruen, it is hereby ORDERED that the matter is so remanded. Judge Matey dissents from this order, as described in the attached opinion.
NYPD Issues Emergency Rules On Issuing Concealed Carry Permits - August 19, 2022
The NYPD has just issued emergency rules for receiving a concealed carry handgun license.
This comes after the U.S. Supreme Court struck down New York's restrictive handgun laws, which required a good reason to carry.
Applicants will have to show they understand how to use a gun, and how they will safeguard it when not in use, among other things.
The new rules take effect Sept. 1, and apply to new and existing applications for a permit.
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