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Posts Tagged ‘Legal Issues’
Earlier today, May 21, 2012, State Senator Leland Yee introduced SB249, a bill that would ban possession of any rifle that has a magazine that can be easily detached using a small magnet, tool, or tip of a bullet.
Oklahoma Governor Mary Fallin just signed Senate Bill 1733 into law, making Oklahoma the 41st state to allow open carry. The bill passed the Oklahoma House of Representatives by an overwhelming 85-3 vote earlier this month. The bill then passed in the Senate by a vote of 33-10. It will become law on November 1, 2012.
The first “Silencers Are Legal Shoot” event took place on April 28, 2012 at the Elm Fork Shooting Range in Dallas, Texas. Every major silencer manufacturer brought their latest products. Many smaller companies traveled from far and wide to show their wares. An estimated 3,000 shooters began arriving early in the morning. Participants saw the latest in sound suppressor technology, and were able to experience it by sending live rounds downrange all day long!
In October 2010, CNBC broadcasted a report titled “Remington Under Fire” as a segment in their nightly news program. The segment alleged that the Remington 700 bolt-action rifle has a defective fire control group. Senior Correspondent Scott Cohn reported that Remington 700s could fire immediately when the bolt is closed, or discharge with the safety catch on. A series of videos by Remington responded to the allegations in the report, and debunked some of the claims CNBC made. Scott Cohn still won a Gerald Loeb Award, the highest honor in business journalism, for the “Remington Under Fire” story.
Gun advocates in states that still have assault weapons bans have been wondering when some brave soul will sue to overturn those laws. Under the landmark DC vs. Heller case, the Second Amendment was interpreted as protecting an individual right to keep and bear arms in common use, subject to reasonable restrictions. Now, solo practitioner Victor Quilici and a small but dedicated legal team have a good test case in Illinois. The Illinois Supreme Court just ruled earlier this month that Wilson v. Cook County will go to trial.
The Illinois Office of the Auditor General just released a report on the status of that state’s FOID card system. The results show that the system is effectively useless, wasteful, and insanely expensive. This should come as no surprise to Illinois residents, but the numbers are still worth looking at. It is difficult to image how the audit could have turned out any worse for those involved with the FOID system.
In the past few months, conflicting claims have been swirling around the Internet regarding the sales of firearms, ammunition, and accessories. There are rumors of a “panic buy” similar to what occurred after the 2008 election.
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.
Last week, Mexican President Felipe Calderon spoke at the unveiling of a huge sign reading “No More Weapons.” Located in the city of Juarez, the sign faces towards the U.S. and is constructed from thousands of confiscated firearms which have been melted and welded together to form the letters.
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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C.D. “Chuck” Michel wrote up this quick note thanking everyone who pitched in to help defeat California’s onerous Assembly Bill
The National Shooting Sports Foundation (NSSF) responded today to the ATF study on the “sporting use” of imported shotguns.
A bill written by Democrat Representative Carolyn McCarthy was formally introduced on the House floor last week with the intention of banning ammunition magazines carrying more than 10 rounds. The introduction of the bill follows a mass killing in Tucson that left 19 individuals shot and 6 dead.
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.
The Austin Gun Rights Examiner has picked up the story on the true cost of California’s ammunition restrictions, and
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.
The Supreme Court case of McDonald, et al., v. Chicago transcript has been made public (*.pdf). Click here to download the entire transcript as a PDF file