Gun Related News Stories
U.S. Appeals Court Rejects Gunmakers Claim On Silencer - June 22, 2016
A U.S. appeals court on Tuesday upheld a lower court's ruling that a prototype rifle design by Sig Sauer featured a built-in silencer that would make it subject to tougher federal restrictions on its sale and higher taxes.
Sig Sauer, which produced the semi-automatic rifle believed to be used in the deadliest mass shooting in modern U.S. history, had challenged a 2013 ruling by the Bureau of Alcohol, Tobacco, Firearms and Explosives, that the prototype not yet released for sale would be subject to a $200 transfer fee for each weapon sold due to the silencer.
The privately held company, based in Newington, New Hampshire, argued that the device on the end of the weapon was not intended to serve as a silencer but rather was a "muzzle brake," which can reduce recoil. Classifying the device as a silencer would subject the gun to stiffer federal requirements including stricter limits on record keeping and markings, which would result in there being "no market" for the gun, Sig Sauer said in court papers.
Supreme Court Refuses To Hear Connecticut Assault Weapons Ban Case - June 20, 2016
The Supreme Court on Monday refused to hear a Second Amendment challenge to a Connecticut law banning many semiautomatic rifles. The law, enacted in 2013 in the wake of the mass shooting at Sandy Hook Elementary School in Newtown, Conn., made it a crime to sell or possess the firearms, which critics call assault weapons.
The decision not to hear the case, not long after the mass shooting in Orlando, Fla., does not set a Supreme Court precedent. But it is part of a trend in which the justices have given at least tacit approval to broad gun-control laws in states and localities that choose to enact them.
Breaking: 9th Circuit Rules Concealed Carry Is Not A Right - June 9, 2016
A ruling with the potential to vastly expand the number of California residents permitted to carry concealed weapons in public was overturned by a federal appeals court.
The U.S. Court of Appeals in San Francisco on Thursday set aside a three-judge panel’s 2014 ruling that San Diego County’s process for determining who qualifies for a permit to carry a concealed weapon violates the constitutional right to bear arms. The decision is a loss for gun rights advocates including the National Rifle Association who have attacked some of the nation’s strictest public-carry laws.
South Carolina Legislation Passes Georgia Reciprocity - June 3, 2016
A new South Carolina law awaiting Gov. Nikki Haley's signature would help Georgia gun owners travel over the state border more easily.
South Carolina has a stricter process than Georgia for getting a concealed weapons permit. It requires gun training. Because Georgia doesn't, the state's carry permits haven't been valid in South Carolina.
That's been a real pain for some gun owners in Augusta. Gun store and range owner Buddy Lichty lives there, but crosses the border all the time. Often he goes for cheaper gas.
Federal Court Say Washington DC Must Allow Concealed Carry For Retired Correction Officer - June 3, 2016
Four former prison guards who were barred from carrying concealed guns despite a 2004 federal law that gave off duty and retired law enforcement officers the right to pack heat won a landmark court victory on Thursday.
In a 2-1 decision, the U.S. Court of Appeals for the Washington D.C. Circuit held that the city's Department of Corrections improperly barred the men from carrying concealed firearms, saying the 2004 Law Enforcement Officers Safety Act guaranteed their right. The court rejected the city's argument that the law does not apply to corrections officers because they lack arresting authority.
"[Congress] left no discretion for a state to revise the historical record of an individual qualified law enforcement officer," read the majority opinion.
New Hampshire Supreme Court Invalidates Non-Resident License Requirement - June 2, 2016
The state Department of Safety exceeded its legal authority when it imposed new rules for nonresidents seeking a license to carry a concealed gun in New Hampshire, according to a ruling of the state Supreme Court Thursday.
The rules, which took effect in 2013, require non-residents asking local police for a concealed carry permit to prove that they have a permit in their home state.
New Jersey resident Scott L. Bach appealed a decision of the New Hampshire Superior Court, which issued a summary judgment in favor of the Department of Safety and its new rule.
Bach does not possess a New Jersey license to carry a concealed weapon, although from 2004 to 2013 he held a license to carry one in New Hampshire.
Illinois House Approves Suppressor Legalization Bill - June 1, 2016
Lawmakers were able to push a measure lifting the ban on suppressors in The Land of Lincoln halfway through the legislature Tuesday night.
The National Firearm Act regulated sound moderating devices are legal for citizens to use in 42 states and a bipartisan group of legislators and advocates in Illinois have in recent years been progressively supporting adding the state to that list with past bills introduced in the House and Senate to do just that.
The latest push came in a House floor amendment from Rep. Brandon W. Phelps, D-Harrisburg, on Sunday that added language to a Senate bill to remove the prohibition on suppressors and silencers and allow for their use in hunting. It immediately picked up 18 co-sponsors and passed the House in a 69-46 vote on its third reading Tuesday night just before the end of session.
District Of Columbia Will Appeal Federal Judges Ruling - May 18, 2016
D.C. Attorney General Karl Racine will appeal a federal judge's decision against the city's concealed carry law.
District laws state that a resident must have a "good reason to fear injury to his or her person or property" or "any other proper reason for carrying a pistol" to have a concealed weapon. Tuesday's ruling marks the second time a judge has ruled against the law.
"We believe that the District's gun laws are reasonable and necessary to ensure public safety in a dense urban area, and we will request a stay of this decision while we appeal," Racine said in a statement.
Former Stag Arms Owners Sentenced For Violating Federal Gun Laws - May 18, 2016
Closing a dark chapter for a New Britain gun maker, the former owner of Stag Arms was sentenced in a Hartford federal court Tuesday for the company's violation of federal gun laws.
A federal judge sentenced Stag's former owner and president Mark Malkowski to two years probation and to pay a $100,000 fine. As part of the resolution, Malkowski agreed never again to hold an ownership or management position with a firearms business.
Also, the judge ordered the New Britain gun maker to pay a $500,000 fine. Stag agreed not to challenge the license revocations and to drop all ownership claims to the firearms seized by federal regulators.
The district's U.S. Attorney, Deirdre Daly, said in a statement Tuesday this is the first time that a major firearms manufacturer has been convicted of a felony and had its license revoked.
District Of Columbias Concealed Carry Law Struck Down By Federal Judge - May 17, 2016
A federal judge has ruled that a key provision of the District's new gun law is likely unconstitutional, ordering D.C. police to stop requiring individuals to show 'good reason' to obtain a permit to carry a firearm on the streets of the nation's capital.
In imposing a preliminary injunction pending further litigation, U.S. District Judge Richard J. Leon reignited a running battle over the Second Amendment in the District and its courts where three different judges have now weighed in with varying conclusions.
'The enshrinement of constitutional rights necessarily takes certain policy choices off the table,' Leon wrote in a 46 page opinion, quoting a 5 to 4 U.S. Supreme Court decision in 2008 in another District case that established a constitutional right to keep firearms in one’s home.
9th Circuit Court Rules Buying And Selling Guns IS Protected By The 2nd Amendment - May 16, 2016
A three judge panel for the U.S. Ninth Circuit Court of Appeals has issued a 2-1 ruling that "the right to purchase and sell firearms is part and parcel of the historically recognized right to keep and bear arms" protected by the Second Amendment in a case brought by the Second Amendment Foundation.
SAF was joined in the case by the California Association of Federal Firearms Licensees, the Calguns Foundation, Inc., and three businessmen, John Teixeira, Steve Nobriga and Gary Gamaza. SAF was represented by noted California civil rights attorney Don Kilmer, and the case was supported by an important amicus brief filed by Virginia attorney Alan Gura for the Citizens Committee for the Right to Keep and Bear Arms. Gura won both the Heller and McDonald Second Amendment rulings before the U.S. Supreme Court.
"This is an important decision," said SAF founder and CCRKBA Chairman Alan Gottlieb. "It remands the case back to the lower court for further proceedings consistent with the ruling as it pertains to the Second Amendment."
The lawsuit was against an Alameda County ordinance that prohibits gun stores from being located within 500 feet of a residential zone. Writing for the majority, Judge Diarmuid F. O'Scannlain noted that, "the Ordinance burdened conduct protected by the Second Amendment and that it therefore must be subjected to heightened scrutiny—something beyond mere rational basis review."
Missouri Senators Pass Expanded Gun Rights On Final Day - May 13, 2016
With only hours remaining in Missouri's legislative session, state senators passed a bill Friday that would allow people to carry concealed guns without needing permits while also expanding their right to stand and fight against perceived threats.
The gun legislation, which now moves to the House, was one of the more prominent bills still in play as a 6 p.m. constitutional deadline approached to pass bills. Gov. Jay Nixon said he remained hopeful that lawmakers would also approve the state's first-ever limits on lobbyist gifts, though some legislators said the prospects appeared slim.
US Appeals Court Hears Maryland Assault Weapon Ban Appeal - May 11, 2016
A federal appeals court spent more than an hour Wednesday vigorously questioning lawyers about the constitutionality of Maryland's assault weapons ban and whether a judge who upheld it applied the correct legal standard.
Gun rights supporters claim the ban violates the Second Amendment because it applies to firearms that many Maryland residents keep in their homes. The state argues that lawmakers had authority to prohibit the weapons because they are rarely used for self-defense and are disproportionately used in mass shootings and killings of police officers.
The appeals court typically takes several weeks to issue a ruling.
U.S. District Judge Catherine Blake upheld the ban, but a divided three judge panel of the 4th U.S. Circuit Court of Appeals ruled in February that she did not apply the proper legal standard. The panel sent the case back to Blake and ordered her to apply "strict scrutiny," a more rigorous test of a law's constitutionality. The state appealed to the full appeals court.
Arizona Governor Vetoes One Gun Bill Approves Two Others - May 10, 2016
Gov. Doug Ducey is refusing to force Arizona to join with other states to restrict what kind of gun laws each can adopt.
The governor said he is a strong supporter of the Second Amendment right to bear arms. But he said what was in HB 2524 essentially would surrender Arizona's right to decide what laws it does and does not want about things like requiring background checks when a weapon is purchased.
"I believe it's important that Arizona continue to chart its own course and retain its sovereignty,'' he wrote in a veto message.
Ducey said he has nothing against protecting the rights of gun owners. In fact, he signed two other measures today, one to allow gun owners to carry their weapons on public streets near and through college and university campuses, and the other to allow lawsuits against cities that enact their own gun laws beyond what the legislature permits.
New Jersey Senate Votes To Rollback Carry Changes Made By Governor - May 9, 2016
Lawmakers approved a resolution that says the Legislature finds the regulations proposed by the Christie Administration to be inconsistent with existing laws on who can carry a concealed handgun.
The resolution, sponsored by Sen. Loretta Weinberg, D-Teaneck, is the first move in a two step legislative process aimed at reversing the regulatory changes.
The superintendent of the State Police now has 30 days to amend or withdraw the rules. If he does not, the Legislature can pass another resolution invalidating all or part of the new regulations.
The regulations were adopted on the recommendation of a panel appointed by Governor Christie.
Cheyenne Wyoming Weapons Laws May Be Changing - May 4, 2016
Cheyenne City Council members are looking at revamping the city's weapons laws, some of which are outdated or overridden by current state law.
A proposed ordinance moving through council would strike sections of city law that prohibit people from owning or carrying small weapons like switchblade knives and brass knuckles. It also would remove a prohibition against the carrying of slingshots.
The ordinance would add a section prohibiting minors from carrying BB guns, paintball guns, crossbows or bows in public. But it would remove a waiting period for the sale of pistols, since that is preempted by state law.
Finally, residents would be able to practice archery or fire weapons like BB guns and paintball guns at targets in their backyards, provided they have measures in place that prevent projectiles from leaving the property and minors are supervised by an adult.
Discharge of firearms would still be prohibited within city limits, except at indoor shooting ranges.
Oklahoma House Panel OKs Open Carry Without Permit - May 4, 2016
Oklahoma residents age 21 and up could openly carry guns without a license, training or background checks under legislation that a House committee gave preliminary approval to on Wednesday.
The House Conference Committee on Public Safety passed the bill, of which different versions have already been approved in both chambers, prompting the formation of the committees to resolve disagreements. Rep. Jeff Coody, R-Grandfield, said he needs the signatures of seven members of House or Senate conference committees before further action can be taken on the measure before the legislative session is scheduled to end May 27.
The bill, dubbed a "constitutional-carry" measure, would allow those without a felony conviction to openly carry firearms without a license, training or background checks. Those who wish to conceal a weapon would still be required to obtain a license.
Missouri House Approve Constitutional Carry Bill - April 27, 2016
A bill designed to ease limits on the concealed carry of weapons advanced in the Missouri Legislature after House members voted 112 to 37 to send it to the Senate.
The legislation that House members approved on Tuesday would let people carry concealed guns without a permit anywhere they now can carry guns openly, something that doesn't require a permit.
The bill also would expand the state's castle doctrine law by giving people the right to use deadly force to defend themselves and their property against intruders. House guests given permission, such as a baby sitter, also would be covered.
Constitutional Carry Approved By New Hampshire Senate - April 23, 2016
For the second time in two years, lawmakers in New Hampshire are on the verge of sending a bill to make the Second Amendment your concealed carry permit to the governor.
Last fall, staunch anti-gun Democrat Gov. Maggie Hassan vetoed a measure placed on her desk to codify the right to carry without first being issued a permit. A new proposal this session passed the House with a 206-146 vote earlier this year and the Senate 14-10 this week.
"This is our opportunity to ensure the Second Amendment rights of our constituents are upheld," said supporter Sen. Gary Daniels, R-Milford, on the Senate floor.
Federal Lawsuit Filed Over Carry Rights For Resident Aliens In Montana - April 18, 2016
A 34 year old Slovakian woman who is a legal resident filed suit in federal court Monday after being denied a concealed carry permit for the past two years.
Lenka Knutson is a citizen of Slovakia but has been living with her husband and children in Whitefish, Montana since 2005. As a permanent resident, she has a green card and has been employed at a local bank since 2007. While neither federal nor state laws prevent her from owning a gun, she was denied a concealed carry permit in 2014 by the Flathead County Sheriff's office because Montana law only allows U.S. citizens to apply.
After being denied the ability to legally carry a firearm outside of her home, Knutson, a member of the Second Amendment Foundation, filed suit in the U.S. District Court for the District of Montana against Flathead County Sheriff Chuck Curry this week with the support of the group.