Posts Tagged ‘Second Amendment’

Second Amendment

Disabled Marine Forced to Give Constitutional Rights to Get Custody of Grandson

Do you think the gun control issue is dead? Do you believe the last presidential election secured your gun rights? What if a court openly admitted it was trampling your constitutional rights, but gave you an unthinkable ultimatum of giving up your Second Amendment rights or losing custody of your grandchild? Don’t think that could ever happen? Then, you have never heard of William and Jill Johnson.

This picture is a painting by John Lewis Krimmel showing a July 4 celebration in 1819.

The Fourth of July: Celebrating a Life Free From Tyranny

July 4th is a day we “oohh” and “ahh” over impressive firework displays and enjoy a charcoal-grilled all-American burger with family and friends. It is also the most important date in American history. July 4th, also known as Independence Day, is the day the colonists officially declared independence from Great Britain, securing our freedom and liberty to this day.

The front view of the Supreme Court building

A Loss for the Second Amendment: Supreme Court Won’t Hear Peruta Case

The Ninth Circuit Court of Appeals is often in the news, but seldom on the side of the Second Amendment as gun owners see it. The Shooter’s Log has followed this closely as the court has ruled for and against Californians’ in their quest to defend themselves under the Second Amendment. Unfortunately, the U.S. Supreme Court announced today it would not grant review in the Peruta v. California case.

Supreme Court Building

Peruta v. California – Applicants for California concealed carry licenses must demonstrate “good cause” to obtain concealed weapons license in California. However, in San Diego, the sheriff sought a “particularized” need for self-defense.  A three-judge panel found the San Diego County Sheriff’s policy unconstitutional, but was reversed by the 9th Circuit Court of Appeals. Since the Supreme Court did not take the case, the 9th Circuit’s ruling prevails.

Justices Thomas and Gorsuch were the lone dissenters. Justice Thomas wrote the refusal to hear the case “reflects a distressing trend: their treatment of the Second Amendment as a disfavored right.” He concluded, “For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense.”

It is a shame the full Court will not hear the case or be swayed by the wisdom of Justice Thomas. The lesson for all of us that the fight continues, and although we have a friend in the White House, citizens are still having their Second Amendment rights stripped at the local and state level.

Here is a list of articles chronicling The Shooter’s Log‘s coverage of Peruta v. California over the past few years.

Ninth Circuit to Reconsider Game-Changing Peruta Decision

Breaking News: Ninth Circuit Court of Appeals Rules Against Right to Carry Concealed

Court Ruling Ends California Concealed Carry Restrictions

Chalk One Up for the Good Guys! Defending the Second Amendment

Ninth Circuit Strikes California’s ‘Good Cause’ Carry Restriction

How do you think this the Supreme Court’s refusal to hear the Peruta case will affect future gun legislation in other states? Will national reciprocity be the answer? Join the conversation with your opinions in the comment section.

SLRule

Growing up in Pennsylvania’s game-rich Allegany region, Dave Dolbee was introduced to whitetail hunting at a young age. At age 19 he bought his first bow while serving in the U.S. Navy, and began bowhunting after returning from Operation Desert Shield/Desert Storm. Dave was a sponsored Pro Staff Shooter for several top archery companies during the 1990s and an Olympic hopeful holding up to 16 archery records at one point. During Dave’s writing career, he has written for several smaller publications as well as many major content providers such as Guns & Ammo, Shooting Times, Outdoor Life, Petersen’s Hunting, Rifle Shooter, Petersen’s Bowhunting, Bowhunter, Game & Fish magazines, Handguns, F.O.P Fraternal Order of Police, Archery Business, SHOT Business, OutdoorRoadmap.com, TheGearExpert.com and others. Dave is currently a staff writer for Cheaper Than Dirt!

View all articles by Dave Dolbee

Circle bar no guns sign

Which State Is About to Make Gun Owners a Protected Class?

A new bipartisan bill, introduced by over 20 Republicans and one Democrat seeks to make gun owners a protected class of citizens. This would be similar to the federal anti-discrimination law, where a protected class is a group of people with a common characteristic who are legally protected from discrimination on the basis of that characteristic.

Bloomberg—Mayors Against Illegal Guns

Lessons From Bloomberg—the Face of Gun Control—Who Admits He Deceives

They say that money makes the world go round. While that may be hard to prove, the fact of simply having a mass fortune and a political agenda can yield results or be a political threat. The politics of where you stand on the issue determines which side of the fence you’ll sit. For supporters of the Second Amendment, it is guaranteed that we will be on the opposite side of the fence as Michael Bloomberg.

Bloomberg—Mayors Against Illegal Guns

In a statement in the New York Times, Bloomberg warns, “You’ve got to wear them down until they finally say, ‘Enough.’”

However, there are lessons to be learned by Bloomberg’s words. In this article, Frank Minter, writing for the NRA, shows how Bloomberg admits to using deception to attain his political objectives. Points such as these are lessons we can all use When debating and educating others about our Second Amendment rights. Read the full analysis.


Michael Bloomberg, former mayor of New York City, the eighth-richest person in the United States, and the billionaire behind the rabidly anti-gun group Everytown for Gun Safety, was asked on CBS’ “60 Minutes” why he didn’t run for president of the United States. His answer was revealing.

By Frank Miniter

“If I thought we could win, or had a reasonable chance, I would have [run for president],” he said. “It would be totally unlikely, very unlikely that an independent could win. And in my case, I was mayor for a long time. People know where I stand. I couldn’t pretend to be something I’m not.”

So Bloomberg realized that his efforts to ban things like “Big Gulp” sodas, coal mining and, effectively, the Second Amendment of the U.S. Bill of Rights made it impossible for him to fool a majority of Americans into voting for him. He “couldn’t pretend to be something” else than what he is, so he opted not to run.

That’s honest—at least to himself. Everytown consistently uses “gun death” statistics that include suicides to make it seem as if there are many more homicides than there are.

Officially, Everytown is a private group that doesn’t disclose its donors. Bloomberg is, of course, the founder of Everytown. He funds the anti-gun group and, we must presume, the group does what he desires. So it is interesting that he realizes his anti-freedom, paternalistic views are too well known to the American people for him to win the presidency, but that he nevertheless thinks his group Everytown for Gun Safety is far enough removed from his views to be taken as nothing but a “gun safety” group by Americans.

After all, even if journalists, given their own political leanings, are unwilling to use the old journalist’s mantra “following the money” to report Everytown’s real mission, Everytown has itself lied so much and so blatantly that it also can no longer hide its real agenda. (Tellingly, this is likely the reason Bloomberg morphed “Mayors Against Illegal Guns” [MAIG] into Everytown, as MAIG had so dirtied its name it needed a new one.)

Everytown consistently uses “gun death” statistics that include suicides to make it seem as if there are many more homicides than there are. They have included terrorist acts in their mass shooting statistics and inflated the numbers of mass shootings. There are too many lies and deceptions to report in one article, but here is a quick analysis of their two biggest campaigns at present—both riddled with lies.

Universal Background Checks

The misinformation and outright deceit from Everytown on so-called “universal” background check laws (universal is in quotes because criminals by definition won’t abide by such laws, so such a law can’t be truly universal) is hard to sum up—there is just too much of it. Here are a few highlights.

Everytown says on its website that “under current federal law, background checks are only required on gun sales at licensed dealers. This loophole in the system make [sic] it easy for millions of guns to change hands each year with no background check, and no questions asked.” But the study Everytown sources for this claim is a small survey of gun owners that has to do with stolen guns. This study estimated that “about 380,000 guns [are] stolen” each year, not millions. Everytown doesn’t explain how “universal” background check laws would stop criminals who steal guns from selling the stolen goods to other criminals. The organization also don’t explain how such laws would stop criminals from illegally selling guns to prohibited persons.

The NRA wants real solutions to these problems, such as prosecuting those who sell guns to criminals and encouraging gun owners to safely store firearms they are not currently using. But Everytown isn’t interested in practical solutions that respect American freedom. They want bans, harsh controls and to criminalize as many gun owners as they can.

As a caveat, Everytown claims that “[s]ince enacted [background checks at gun dealers] have blocked nearly 3 million sales to felons, domestic abusers, fugitives, and other people prohibited by law from having guns.” There have been nearly 3 million initial denials since the FBI began the National Instant Criminal Background Check System (NICS) in 1998, but many of these happen because someone has a similar name to someone who is prohibited or for another reason having nothing to do with felons, domestic abusers, fugitives and other criminal activity.

They want bans, harsh controls and to criminalize as many gun owners as they can.

National Reciprocity

Everytown says law enforcement “overwhelmingly opposes” the “Concealed Carry Reciprocity Act of 2017,” but they don’t source any data for this “overwhelming” claim. They do site a 2013 press release from the National Law Enforcement Partnership to Prevent Gun Violence, a group that consistently opposes pro-gun legislation, including the “Hearing Protection Act of 2017,” for this claim, but that hardly constitutes an “overwhelming” majority.

Everytown also says, “Reciprocity would force states to let violent offenders and people with no firearm safety training carry hidden, loaded handguns—even if those people could not otherwise legally purchase a gun in the state.”

This is fear-mongering nonsense. Anyone who reads the “Concealed Carry Reciprocity Act of 2017” can clearly see that the bill recognizes the diversity of state concealed-carry laws by making each person subject to the concealed-carry laws of the state where they are present. This includes respecting the local laws that prohibit firearms.

Everytown also says that “a person denied a permit in his home state—e.g. after a criminal conviction—could simply get an out-of-state permit, and carry back at home.”

Actually, the Concealed Carry Reciprocity Act allows a person to carry concealed only if they are not federally prohibited from possessing or receiving a firearm, are carrying a valid government-issued photo ID and are lawfully licensed or otherwise entitled to carry a concealed handgun. It is already illegal under federal law (18 U.S.C. 922(g)) for prohibited persons to possess a firearm.The Concealed Carry Reciprocity Act would simply protect the freedom of law-abiding gun owners who live in the other 28 states.

Reciprocity is already a reality in the 22 states that recognize all other concealed-carry licenses or allow law-abiding nonresidents to carry a firearm without a license. The Concealed Carry Reciprocity Act would simply protect the freedom of law-abiding gun owners who live in the other 28 states.

All that said, just imagine if Bloomberg were an honest person. He could honestly splash around his $47 billion in ways that might really help. He could look at American freedom for what it is, instead of seeing it as the problem he pretends it is. He could then bolster our freedom while funding new approaches to bust criminals. It would be so much easier this way—working with Americans 100 million-plus gun owners instead of against them.

As Mark Twain said, “If you tell the truth, you don’t have to remember anything.”

What lessons or points did you take from Miniter’s analysis?  How can others use these points or others you know of, in future discussions/debates? Share your answers in the comment section.

Frank Miniter is the author of The New York Times bestseller The Ultimate Man’s Survival Guide—Recovering the Lost Art of Manhood. He is also the author of This Will Make a Man of You and The Future of the Gun. He is a contributor to Forbes and writes for many publications. His website is FrankMiniter.com.

Second Amendment Foundation logo and address

Federal Lawsuit Filed Against Magazine Ban

The Second Amendment Foundation, joined by several other groups and individuals, has filed a lawsuit in federal district court in California, challenging that state’s law prohibiting the possession, use, or acquisition of so-called “large-capacity magazines,” calling the ban “hopelessly vague and ambiguous.” This case could have repercussions on a similar magazine ban in Colorado.

students-for-concealed-carry

You Make the Call: Gun-Phobic Professor Quits Over Campus Carry

Who would have thought that simply passing campus carry at a state university could have such an effect? Although my daughter won’t be going to college for at least a decade, Kansas University is looking pretty good. I carry, and want my children to have the same option whether at home or college. However, at least one Kansas professor disagrees. His open letter makes some rather outrageous claims to supporters of the Second Amendment.

Second Amendment Foundaton

California Target of Federal Lawsuit Against Magazine Ban

While certain threats to the Second Amendment have been lessened, we still need to remain vigilant and attack the previous egregious assaults to our rights. In furtherance of that effort, the Second Amendment Foundation and others have joined forces in a federal lawsuit challenging California’s law prohibiting the possession, use or acquisition of so-called “large capacity magazines,” by calling the ban “hopelessly vague and ambiguous.”

Boone and Crockett position video on gun ownership

Boone & Crockett Club Releases Position Statement on Second Amendment

Knowing who stands with you often determines who are willing to stand with. The primary mission of every conservation organization is, as the name implies, conservation. Thus, it is understandable that donors from both sides of an issue may support an organization that remains focused on its mission and refrains from being to vocal when it comes to political views. That being said, when the Boone and Crockett Club recently released its position paper on the Second Amendment, gun control, and firearm ownership, its answer was firmly stated in the first line, “The Boone and Crockett Club supports the right of citizens to own and use firearms.”

Here is the full release and video from Boone and Crockett.

As the oldest conservation organization in North America, the Boone and Crockett Club is often asked to comment on gun control issues and Second Amendment rights because of the close relationship between gun ownership, hunting, and wildlife conservation.

The Club believes that restricting access to firearms will directly impact participation in hunting, which is essential to the continuing success of wildlife conservation in North America, and elsewhere. The Club is concerned with any restriction on the public’s legal right to own and use firearms for hunting that could weaken or undermine our unique and successful system of wildlife conservation.

Position

The Boone and Crockett Club supports the right of citizens to own and use firearms. The Club maintains that the diverse and abundant wildlife populations that exist in Canada and the United States today are primarily the result of more than a century of wildlife conservation. The public’s right and ability to legally own and use firearms, has been, and remains, critical to the success of this conservation system.

Public ownership of firearms was instrumental to the birth of the conservation movement in North America. This movement was initiated by sportsmen that saw the need for and supported the laws, policies, funding programs, research initiatives, expert agencies, and other delivery mechanisms that are now referred to collectively as the North American Model of Wildlife Conservation. A fundamental basis of this Model is that every citizen has the right to hunt for specific legal purposes, which requires the ability to own and use a firearm. Wildlife conservation would not and could not have come into existence, nor will it endure, without the public ownership of firearms.

Conservation is active and hands-on. It is a series of actions by people to maintain the integrity and continuity of nature. Hunting is one of these actions. Hunting itself is a mechanism for wildlife conservation, but most importantly it engages people in seeing the need for conservation and its results. Because of traditional outdoor activities like hunting, sportsmen have a vested interest in the security and proper management of the game species they hunt. This advocacy and stewardship extends to the habitats that support these species, which in turn benefits all wildlife—both hunted and non-hunted.

The sustainable harvest of game species is the primary means of keeping wildlife populations healthy, within the carrying capacity of their habitats, and to socially-acceptable levels. The majority of wildlife conservation programs are also largely funded through a “user pays–everyone benefits” system of licenses, permits, and excise taxes on firearms and ammunition paid by sportsmen and recreational shooters. Eliminating the right to own or use a firearm, which is the means by which the majority of game is hunted, would lead to a collapse of the very system that is responsible for wildlife and healthy ecosystems.

The Boone and Crockett Club maintains that hunting is crucial to successful wildlife conservation, that gun ownership is fundamental to hunting, and that all three are critical to one another. The Club believes the best way to ensure well-managed, well-funded and sustainable wildlife conservation programs includes the right to keep and bear arms as guaranteed by the Second Amendment of the Constitution of the United States.

The Boone and Crockett Club has come out firmly in support of the Second Amendment. Whether or not you are a hunter, I am sure we can all support the B&C’s conservation efforts.

How has the Boone and Crockett Club’s position statement affected your view of it? Are you more likely to support it in the future? Have you supported it in the past? Share your answers in the comment section.

SLRule

Growing up in Pennsylvania’s game-rich Allegany region, Dave Dolbee was introduced to whitetail hunting at a young age. At age 19 he bought his first bow while serving in the U.S. Navy, and began bowhunting after returning from Operation Desert Shield/Desert Storm. Dave was a sponsored Pro Staff Shooter for several top archery companies during the 1990s and an Olympic hopeful holding up to 16 archery records at one point. During Dave’s writing career, he has written for several smaller publications as well as many major content providers such as Guns & Ammo, Shooting Times, Outdoor Life, Petersen’s Hunting, Rifle Shooter, Petersen’s Bowhunting, Bowhunter, Game & Fish magazines, Handguns, F.O.P Fraternal Order of Police, Archery Business, SHOT Business, OutdoorRoadmap.com, TheGearExpert.com and others. Dave is currently a staff writer for Cheaper Than Dirt!

View all articles by Dave Dolbee

ConcealedCarry9_5_Galco_IWB_Holster

Should Employers Require Employees to Get a Carry Permit?

For years, the anti gunners have railed against concealed weapon permits putting law-abiding self-defenders on the defensive (no pun intended). Many businesses and business owners have followed suit by posting the places of employment or placing a negative stigma on anyone who carries. This has forced most concealed carriers to hide more than their handgun. But why?

Constitution of the United States

NRA: No Second-Guessing the Second Amendment

In 1776, America’s Founders came together in Philadelphia to draw up a “Declaration of Independence,” ending political ties to Great Britain. Written by Thomas Jefferson, the Declaration explains people’s rights and how people create governments:

WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness-That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.

By Robert Pew

In modern English: We don’t get our rights from the government; we’re born with those rights, and the government should protect them.

Eleven years later, after independence had been won, our Founders assembled once again to draw up a plan for governing the new nation. That plan became the Constitution of the United States of America.

Constitution of the United States

During the debate over the Constitution, many Americans were worried that a strong federal government would trample on the individual rights of citizens, as the British had done. To protect the basic rights of Americans, the Founders added the first 10 amendments to the Constitution. Those amendments are known as the Bill of Rights. They represent the fundamental freedoms that are at the heart of our society, including the First Amendment freedoms of speech and religion, and the Second Amendment right of the people to keep and bear arms.

The meaning of the Second Amendment has been debated for decades. Does the Second Amendment protect an individual right for all Americans? Or does it only protect the right to keep and bear arms while participating in an organized force, such as the National Guard? Or does it only protect the “right” of the states to have a National Guard in the first place?

Some people have claimed there was no individual right to keep and bear arms. However, anyone who understands the Declaration of Independence knows that rights-by definition-belong to individuals. And in the Bill of Rights, the freedoms of religion, freedom of speech and the rest all refer to individual liberties.

The Second Amendment right to keep and bear arms is no different. The first Congress had no doubt about its meaning. Most of the Founders were gun owners and hunters. George Washington and Thomas Jefferson exchanged letters about their gun collections. The Founders had just finished winning their freedoms with guns in their hands, and soon passed a law requiring most male citizens to own at least one gun and 30 rounds of ammunition. They believed citizens should be able to protect themselves and their country against attacks on life and liberty.

So, where did anyone get the idea that the Second Amendment doesn’t protect an individual right? That theory was invented in the 20th century, by people who rejected what seemed like common sense to our Founding Fathers. Instead, they claimed that the Second Amendment only protects the government.

Now, the Supreme Court has thrown out that idea.

In 1975, Washington, D.C. passed some of the most extreme gun laws in the nation. Handguns were banned. All guns had to be stored disassembled and locked, making them useless for self-defense. City leaders claimed it would make the city safer. But Washington’s murder rate soared, and our nation’s capital soon became known as America’s murder capital.

In 2003, a group of Washington residents filed a lawsuit challenging these harsh gun laws. They said that Washington’s gun laws violated the Second Amendment because the laws took away the right to use firearms for self-defense, even in their own homes.

The first court that heard the case said that D.C.’s laws were constitutional. The residents appealed, and the appeals court agreed that the laws violated the right to keep and bear arms, after all.

Now, the city appealed. By 2008, the case, which by then was known as D.C. vs. Heller, had gone to the Supreme Court. To make their decision, the Supreme Court justices studied the words and history of the Second Amendment. In a 5-4 decision, the Supreme Court agreed with the citizens: The Second Amendment protects an individual right, not a “state’s right.” The decision struck down the District’s laws that banned handguns and that kept people from using guns for self-defense in their homes.

No Supreme Court decision ever ends a political debate, though. Now, the NRA and citizens around the country are going to court to challenge states and cities with restrictive gun laws. But the landmark Heller decision provided a key answer to the most important part of the debate: The Second Amendment protects an individual right to keep and bear arms.

Bob Campbell holding an AR-15

The Truth About a Court Decision ‘Banning’ AR-15s

You might have read some articles or seen headlines about a court upholding a ban on “assault rifles,” including the AR-15. Independent Program Attorneys at the law firm of Walker & Byington, PLLC have received many questions from members concerned that this ruling has made the AR-15 (and similar semi-automatic firearms) illegal “assault weapons” everywhere in the country. Is this the truth of the matter, or a case of media misinformation?