Posts Tagged ‘Legal Issues’

California Rifle and Pistol Association

Stop SB 249 – Ban on Possession of Magazine Release Parts

Well the government out in California is at is again. This time they are trying to make all sorts of scary gun parts illegal. Senate Bill 249 (Yee SD-08 “Firearms: assault weapon conversion kits”) is a California State Senate bill authored by Senator Leland Yee designed to prohibit possession, importation, making, selling, transferring, or loaning, any conversion kit. If this Bill passes, beginning July 1, 2013, violating the newly added gun control laws would subject people to civil and criminal liability.

No Duty to Retreat

A Man’s Home is His Castle—Doctrine

A large majority of gun shoppers that we ship to are buying their guns to protect their homes. The ability to protect one’s own family and property is one of those things that most Americans have a natural urge to obtain. Many states adopted a series of laws called Castle Doctrine to give ordinary citizens protection from the law so that they can protect themselves by using means that equal up to and including deadly force. The term derives from the historic English common law dictum that “an Englishman’s home is his castle.” Colonists later carried this law to the new world, where they eventually removed “Englishman” from the phrase, which thereby became simply the Castle Doctrine.

Daisy Red Ryder BB Gun

BB Gun Possession Could Come with Prison Sentence

Little Timmy Moore, you are hereby convicted to 10 years in prison and a $150,000 fine for the possession of a Daisy Red Ryder BB gun. That is what some people could hear from a New Jersey judge if a new piece of legislation passes at 2:00 p.m. June 7, 2012. With the passing of A1216, possession of all BB guns and air guns on school property would carry 7-10 year prison sentences with no possibility of leniency. Parents picking up their children at school after hunting or going to the range would also be at risk.

Governor Mary Fallin

Oklahoma Governor Signs Open-Carry Into Law

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.

Angela Shoots AAC

First “Silencers Are Legal Shoot” Event Draws 3,000 Quiet Shooters

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!

Remington 760 rifle

NBC Sells Fear with Another Shot at Remington

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.

Illinois Supreme Court Justices

The Next Heller Case? Wilson v. Cook County Goes to Trial

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.

FOID card

Audit of Illinois FOID System Uncovers Waste, Incompetence, Abuse

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.

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.