Posts Tagged ‘Legal Issues’

paintball guns

Paintball Panic

Midland, Texas – A teenager entered a church building with a paintball gun to show off his new toy to his friends. A concerned neighbor saw the youth member entering the building and panicked, thinking it was a hostage situation in progress. The neighbor told police that a man with an assault rifle went into the church.

A Victory for Wisconsin Citizens!

Wisconsin State Seal

Wisconsin State Seal

Governor Scott Walker signed SB93 into law on Friday, July 8, 2011, making Wisconsin the forty-ninth state to adopt concealed carry laws. Most of the provisions take effect in November; let us look at what the changes mean.

“Open carry” of unconcealed firearms is allowed, including inside your vehicle, as long as you do not pass through a school zone while doing so. Concealed carry is allowed in the home, or at a business, you own, without a permit; but packing heat in other places requires a permit. The permit is a “shall issue” type, meaning that if the applicant meets all the requirements necessary, the issuing authority must issue a permit to them. The permits cost $50, must be renewed every five years for $25, and you must have your permit with you while concealing a firearm. Wisconsin citizens must get Wisconsin permits instead of out-of-state permits, although there will be reciprocity for out-of-state citizens visiting the land of cheese and Packers football.

In order to apply for a permit, you must meet a training requirement. However, there are several different options meeting this requirement. Classes specifically designed for concealed carry, certain hunter education classes, documentation of law enforcement or security training, or proof of military firearms training will all do the job.

Even with a permit, carrying in certain places is forbidden. An employer can forbid employees from carrying concealed at work, but cannot prevent them from keeping firearms in their vehicles in the company parking lot. Other restricted areas include police departments, jails, courthouses, and areas beyond the security checkpoints at airports. There are exceptions added to the rules regarding firearms around schools. For example, allowing unloaded and cased firearms or firearms in a locked vehicle gun rack.

SB93 includes some unusual laws intended to benefit concealed carry permit holders. A new section protects companies from any legal liability for allowing folks to carry their guns inside businesses. This means fewer companies will display “no guns” signs for fear of lawsuits against them if a shooting occurs.

The disorderly conduct law is modified so that loading or carrying a firearm, whether concealed or not, will not result in a charge of disorderly conduct unless a criminal or malicious intent is present. Individuals who must fire shots in self-defense are excused from local ordinances against discharging firearms within city limits, across a road, or from a vehicle.

SB93 also includes an anti-harassment law, perhaps the first of its kind. If a law enforcement officer is found guilty of harassing a citizen for legally carrying a concealed firearm, the officer can face a $500 fine and up to 30 days in jail.

Wisconsin legislators originally proposed a “constitutional carry” system that would have recognized citizens’ right to carry without the permit structure. However, a “shall issue” system that will become law in a few months is much better than a pie-in-the-sky proposal that never makes it to the Governor’s desk. This legislation is solidly pro-gun, recognizing and protecting the rights of Wisconsin’s citizens, and we at Cheaper Than Dirt! congratulate Governor Scott Walker and the Wisconsin State Legislature on their accomplishment!

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California Court Rules Ammunition Ban AB962 Unconstitutional

The 2011 Ruling from the California Court, in a dramatic ruling, gave gun owners a win in a National Rifle Association / California Rifle and Pistol (CRPA) Foundation lawsuit. Fresno Superior Court Judge Jeffrey Hamilton ruled that AB 962— the hotly contested statute that would have banned mail order ammunition sales and required all purchases of so called “handgun ammunition” to be registered—was unconstitutionally vague on its face.

Supreme Court Rules on McDonald: 2nd Amendment Incorporated via 14th Amendment

The US Supreme Court today handed down a groundbreaking decision ruling that the 2nd Amendment of the US Constitution applies to the States and local governments, prohibiting them from enacting laws which infringe on a person’s 2nd Amendment rights. In the decision, the Majority ruled that the Due Process clause of the 14th amendment does not allow a person’s right to keep and bear arms to be infringed upon without a trial. Justices Breyer, Ginsburg and Sotomayor dissented, along with Stevens who dissents for himself. Justice Alito was joined in the Majority opinion by Roberts, Scalia, Kennedy, with Thomas joining with his own dissenting opinion.

How to buy and register a handgun in the District of Columbia: a survival guide

It’s been nearly two years since the US Supreme Court ruled on the Heller case regarding Washington DC laws regulating firearm ownership. Since that time, it has been legal to purchase and own a handgun within the federal district, though the process for obtaining a firearm legally is long and arduous when compared to other state procedures. DC Libertarian Examiner Kris Hammond has an article that details just what must be done to purchase and register a handgun inside the District of Columbia.

AB962 – California Ammunition Restrictions

There’s been a lot of hubbub over the newly signed legislation in California that restricts ammunition sales. Governor Schwarzenegger signed Assembly Bill 962 into law on Monday. This law contains many new regulations on ammunition sales. We’ve boiled the new law down to its essence and are presenting it here in a much simplified form.

Under the recently passed Ammo Restriction bill (named “Anti-Gang Neighborhood Protection Act of 2009″), the following changes to the law will occur. These changes will go into effect starting February 1, 2011.

New Insurance Protects CCW Holders Involved In A Defensive Shooting

No, this insurance won’t protect you from a bad guy inside your house. What it will do is protect you from the aftermath of a righteous defensive shooting. Imagine this: you’re at home alone, and someone breaks in. It’s dark, but you can see the outline of an individual with a gun. Fearing for your life, you fire on the aggressor and kill him. Later investigation shows that the person wasn’t actually armed, and now the local prosecutor is filing criminal charges against you. You may have been justified, and you may even win the court case, but how will you pay for the hundreds of thousands of dollars it can cost to properly defend a criminal case?