Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘second amendment’

… This D.C. Gun Bill Will not Cut It [#Second Amendment]…

Posted by paulfromwloh on Sunday,September 25th,2016

.. these folks do not get it ..

.. the right ” to keep and bear arms ” is an individual right , enshrined in our Constitution . It cannot be abridged by anyone …

.. the D.C. City Council seems to think that they still can …

.. [h/t — WFB.com]..
.. [link] to the news story ..

.. they lost the court case [Palmer v D.C.] very badly . The federal judge [a part timer who is normally from N.Y. State , but who also sits in D.C.] ripped the city , the City Council , the Mayor (Vincent Gray) and Congress a brand new one . As he put it , people have a right to have a gun in D.C. …

.. a ” may issue ” bill will not cut it . It leaves far too much discretion over people ‘ s constitutional rights in the hands of the D.C. City Government . It belongs with the people , not the bureaucracy …

.. the judge could impose a ” bill , ” or he could request Congress to step in . The D.C. City Government may not get the message . Someone will have to bang them over the head to get it to them …

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… Er , No ! [#fight for Religious Liberty in D.C.]…

Posted by paulfromwloh on Tuesday,September 20th,2016

.. somehow , even being in the Nation ‘ s capital , the D.C. City Council seems to have not gotten the message …t

.. we have constitutional protections to religious freedom [the First Amendment to the Bill of Rights , duh !]…

.. [h/t — m.NationalReview.com]..
.. [link] to the blog news account …

.. what is the City Council doing ? They are trying to force any person or organization [whether they be for – profit or non – profit] to bend to their legal will . Specifically , they want these groups to adopt standards related to sexual orientation in legal and other matters …

.. it repeals an exemption that existed in law for many decades . Now , the city ‘ s Human Rights Act will control affairs , which is even more sweeping an issue regarding sexual orientation . No , bad move . It should not happen . It must not happen . Congress must step in …

.. Congress has a clear power in the Constitution as regards to the government of the Nation ‘ s Seat of Government . Much of the time , especially with Home Rule , Congress stays out of the way . However , there are times that Congress either needs to or must step in . In this case , Congress must step in , whether POTUS likes it or not ….

…it must do so in this case , and edit D.C. law to ensure that individuals and organizations rights are protected in the nation ‘ s capital . It may end up wrapping in gun rights , as regards Palmer v DC as well , if the D.C. City Council does not get its act together and follow the Home Rule Act , as well as the Constitution and the Bill of Rights ….

— [update] — right now , this one is tied up in court . it will be for  some time , though …

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… What Part of Palmer v DC do those Dummies Not Understand ?!?! [#second amendment rights]…

Posted by paulfromwloh on Wednesday,August 31st,2016

.. Palmer v DC [and several other cases] made it clear . The residents of D.C. have full 2nd Amendment rights , just like any other citizen of any other state in our Union ..

.. that includes the rights to keep and bear arms [emphasis mine]…

.. the dummies on the D.C. City Council and the D.C. Government seem not to get it . They were ordered to pass a bill to correct legal defects in order to comply with Palmer . They have not done so . Doing what they have done [or , in their case , they have not done] is going to get them into serious trouble …

.. [h/t — HotAir.com]..
.. [link] to the blog news ..

.. one item sure to come is renewed legal action . Palmer is still before the D.C. District Court [and Judge Frederick Schillin] . Atty Alan Gura and the plaintiffs can haul the D.C. Govt back before the judge …

.. what Schillin can do is simple : throw out the new D.C. Gun , bill , and drop the gun restrictions , entirey . Boy , the D.c. government would go hyper over that . So would the ObamaCraps . The Supremes , though , would likely take the case away from the D.C. Circuit , given recent history on Halbig v Burwell …

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… Why the Second Amendment is Needed and Necessary [#Ferguson , Mo]…

Posted by paulfromwloh on Tuesday,January 26th,2016

.. because of the way in which the civil disturbances and riots in Ferguson have been mishandled …

.. more so , how the businessman and businesswoman have been totally screwed over by the system , and their safety and property has not been properly protected …

.. [h/t — theRightScoop.com]..
.. [link] to the blog news …

.. the common citizen has had to take his / her own civil defense into their own hands …

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… It is the ” Right to Keep and Bear Arms , Dummies ” [#Second Amendment]…

Posted by paulfromwloh on Wednesday,January 6th,2016

.. pro – gun candidates won all around the country , folks …

.. it is an undeniable facts . People believe in the right to self – defense , and they want it to be with a firearm of their choice — not the government ‘ s to proscribe , either …

.. [h/t — m.NationalReview.com]..
.. [link] to the blog column …

… it is that simple …

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… Well , They tried [#DC gun bill]…

Posted by paulfromwloh on Friday,December 4th,2015

.well , the D.C. city council passed a gun bill …

.. it does not mean that it is any good , though …

.. [h/t — WashingtonFreeBeacon.com]..
.. [link] to the news article ..

.. they did pass a bill , and DC mayor Vincent Gray has indicated that he will sign it … it is the subject of a court case , though , and that is where the problems start …

… more to come …

–[update]– they  have created a process that has basically left it virtually impossible for anyone to get a gun to carry on the streets of the District . Where the Court decision [Palmer v DC] set it , that was not what the District Court had in mind ….

.. there is likely to be  more court action on this case . I will guarantee  it . Also , the new Congress will be keeping a  e eye on  this case , without a doubt . If the D.C. Circuit tries to ” screw around ” with the original case , once it hits the appeals level , then it is my expectation that Congress will step in and legislate a solution on its own , no matter how much the D.C. City Government screams bloody murder …

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… the Virtues of Self – Defense [#gunfire]…

Posted by paulfromwloh on Friday,November 13th,2015

.. what a armed individual can do for his community …

.. Mark Vaughn is a reserve county sheriff in Moore , Oklahoma . He is also the c.o.o. of his family ‘ s company , Vaughn Foods , a food processing company . When crisis came , he got his gun , and stepped up to the plate …

.. [h/t — theBlaze.com]..
.. [link] to the news article …

.. when an ex – con former employee went berserk , and murdered a customer service employee , and then attacked and wounded another person , he stepped up …

.. he went and got his gun ..

.. as a result , the perp is still alive , unfortunately . Vaughn saved probably countless other lives as a result of his actions . How ? He did it with his personal sidearm that he kept under lock and key in his office …

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… Excellent News [#Peruta v Cty of San Diego]…

Posted by paulfromwloh on Monday,November 2nd,2015

.. I thought that the State of California would try to pull this stunt ..

.. what I was thoroughly surprised at was that the Full 9th Circuit dismissed their antics ….

.. [h/t — TruthRevolt.org]..
.. [link] to the legal opinion // news …

.. the state never thought or realized that San Diego County would not challenge the case , or the original ruling . When the County stood down , the state screwed around and did nothing …

.. now , the State of California tried to intervene . It realized that the Peruta ruling applied to the entire state , as well as the state of Hawaii [the 2 states in the 9th Circuit] . They would then become a ” shall issue ” state when they did not intend to do so …

.. the full 9th Circuit shut the State of California down . As much as they may have agreed with the State [philosophically] , procedurally , the Circuit knew that the State royally screwed up and did not challenge the decision when they should have . Now , they are stuck with the decision …

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… A Clear Ruling on Gun Rights in D.C. [#not a big surprise]…

Posted by paulfromwloh on Tuesday,May 26th,2015

.. Federal District Court Judge Frederick Scullin strikes again ..

.. and , once again , the political leadership in the District ends up looking like a bunch of damn fools ..

.. a new case came up . No , it is not the original one [Palmer v. D.C.] , which struck down the District ‘ s clear gun rights ban . This one is much different . It was brought by 4 individuals , each of whom wanted to own a gun in the District of Columbia . As you might expect , the District ‘ s P.D. [under the new restrictive ” may issue ” gun law ] refused to issue each of these individuals a license to own a gun …

.. Big problem for the District , however . The U.S. Constitution allows for individuals to own and ” bear ” arms . Plain and Simple . Also , no ” Mother , may I ” about it …

.. [h/t — HotAir.com]..
.. [link] to the blog news post ..

.. so , Judge Scullin struck down the District ‘ s ” good reason ” standard , stating …

“This conclusion should not be read to suggest that it would be inappropriate for the District of Columbia to enact a licensing mechanism that includes appropriate time, place and manner restrictions on the carrying of handguns in public,” Judge Scullin said in his ruling. “The District of Columbia’s arbitrary ‘good reason’/’proper reason’ requirement, however, goes far beyond establishing such reasonable restrictions.”

“Rather, for all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms.”

“Rather, for all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms.”

Well, that was the point. The district’s establishment wants to make it impossible or very nearly so for law-abiding citizens to exercise their rights in the nation’s capital, and they calculated this law to leave themselves enough room to guarantee it. This particular effort was so bad, though, that it was doomed to failure, and should embarrass everyone associated with it. The law essentially said that constitutional rights can be rationed by government only on the basis that government sees a “good reason” to allow it. I’m pretty sure that’s not what the framers of the Constitution had in mind with the Bill of Rights.

The city tried to argue that the “good reason” requirement was connected to public safety, but Scullin rejected the argument :

While, as stated, Defendants argue that the District of Columbia’s “good reason”/”proper reason” requirement relates reasonably to its interest in preventing crime and protecting public safety, they have not established that relationship.

The fact that an individual may be able to demonstrate a greater need for self-protection, and therefore meets the “good reason”/”proper reason” requirement, does not indicate, in any way, whether that person is less likely to misuse handguns or may be less dangerous. See Drake, 724 F.3d at 454 (Hardiman, C.J., dissenting). Nor does the District of Columbia’s “good 12 reason”/”proper reason” requirement make it less likely that those who meet this requirement will accidently shoot themselves or others or engage in criminal activity than those who cannot meet this requirement. See id. The fact that a person may have a greater need for self-protection says nothing about how limiting the carrying of handguns to such individuals would result in a reduction of risk to other members of the public or reduce violent crime. Is the Court to conclude that people who do not have a heightened need for self-protection are more likely to commit violent crimes?

Furthermore, even if the Court were to accept the proposition that handguns are used disproportionately in the commission of violent crimes, how is that use related to whether or not a person has a greater need for self-protection? Moreover, isn’t it possible that even persons who cannot manifest a present need for self-protection are just as likely to be victims of a violent crime.

.. first Palmer , now this case . It is only a temporary injunction , but it is an injunction . To get one , you have to show  a very strong likelihood that you will ” win on the merits . ” This one may well skip the D.C. Appeals Court , and go right to the U.S. Supreme Court ..

.. I certainly would hope so ..

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… Stupid Move , Maryland [#gun rights]…

Posted by paulfromwloh on Monday,August 4th,2014

.. incredibly stupid move ..

.. you chase one of the best and brightest of Europe ‘ s gun makers [and their American ops] out of the state …

.. [h/t — whiskeyTangoFoxtrot]..
.. [link] to the blog post …

.. are you maniacs so anti – gun that you want to take away every gun ? It appears so …

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… Great News on Gun Rights [#Peoples Republic of D.C.]

Posted by paulfromwloh on Sunday,August 3rd,2014

.. yes , it is free .

.. our nation ‘ s capital is now no longer a gun free zone ..

.. for many years , the District of Columbia has had one of , if not the fiercest gun grab laws in the country . You simply could not carry a gun on the streets of the District for ANY reason , for more than 50 years ..

.. [h/t — LegalInsurrection]..
.. [link] to the legal opinion ..

.. it will be interesting to see what the D.C. city government decides to do . This case is in federal court , not the captive courts of the District , and would go up to the D.C. Circuit Court of Appeals , where both Heller and McDonald originated . I think that the government wants to appeal this , and maintain their precious gun ban , but the gun grab groups may well be having second thoughts ..

.. First , this one has to go to the D.C. Circuit Court of Appeals . It now has a more stacked 7to4 democrap majority , but Heller and McDonald are binding precedent . They just may well try to mess with them, surprisingly enough . Doing so , though , would piss off the Supremes ….

.. Heller and McDonald were decided 6 to 3 , not 5 to 4  , so they are not slim majorities . The gun – grab groups may not want to risk setting a nationwide case precedent . Drake v. Jerejian might be one case . Moore v Madigan might be another case . Palmer just may be a case were  the gun grab groups are stupid enough to push it up the way , and have it blow up in their faces  ..

.. especially when the definition of ” bear ” arms comes from , not a majority opinion , but a dissent , and of all people , from Justice Ginsberg in a dissent in another case …

Posted in 2nd Amendment, constitutional opinion, legal opinion, legal question, personal opinion | Tagged: , , , , , , , , , , , , , , , | Leave a Comment »

… Smart Move by Illinois State Police [#right of self defense]…

Posted by paulfromwloh on Wednesday,July 30th,2014

.. at least someone in Illinois is using their thinking cap .

.. hopefully , soon – to – be former Gov. Quinn & Company will keep their hands off of this . It will save them a great deal of grief in court cases and court costs …

.. [h/t — TruthRevolt]..
.. [link] to the blog article …

.. what was originally done was that Concealed Carry permit applicants were turned down , and not given a reason . Someone should have known better . At least the State Police is thinking , I hope …

concealed carry photo

.. what will be done now is that , if one is turned down for a C.C.L. license , then they will be given a reason . That reason will , presumably , give the person the jurisdiction or location who is sticking their nose in the works . It will then give them a fairer chance and a lot less grief over the process …

.. most folks are of limited means . They usually have good reason for a C.C.L. license . When they are turned down , they should be told . Nowadays , they can get help from various gun – rights groups that will be set up in a position to help the public with the bureaucratic maze in Illinois …

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… Interesting News in Gun Rights [#Palmer v DC]…

Posted by paulfromwloh on Tuesday,July 29th,2014

.. Palmer v DC is , of course , the great victory for gun rights in the nation ‘ s capitol …

.. Palmer was brought to finally bring down the idiotic gun restrictions in our Nation ‘ s Capitol . The Heller case brought them down , in theory , but the DC government played dirty with their local laws . They passed local laws so onerous and disgusting that it was impossible for anyone to legally carry a gun outside the home …

.. [h/t — HotAir.com]..
.. [link] to the blog news post ..

.. now , Palmer changes all of that . It is also interesting that none of the local federal district court judges heard the case . The case went to a senior judge , and one from upstate New York . The D.C. government had to groan at that prospect , and they were right . They lost …

.. What happens now ? An appeal to the D.C. Circuit (that is the normal appeals circuit that would hear the case ) is in the offing . The anti – gun rights groups , though are scared to death , either way . The appeals decision in Moore v Madigan in the 7th Circuit is hanging over their collective heads …

.. So , win or lose , an appeal would set up a conflict between circuits , one that the US Supreme Court would love to get its hands on ….

.. now , all sorts of DC and federal agencies are going to have to come up with firearms policies …

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… Finally , Things Begin to Change in Chicago [#self defense]…

Posted by paulfromwloh on Wednesday,July 23rd,2014

.. a veteran can finally defend himself .

.. a year ago , he could not do so . Since then , we have had Moore v. Madigan , which has legitimized “concealed carry” in Illinois …

.. this vet came under fire by a guy who was apparantely drunk . So , the drunk guy started shooting . The vet could fight back …

.. [h/t — pjmedia.com/tattler]..
.. [link] to the article …

.. from Byron Preston :

On Friday, July 4th, a veteran of the US military found himself under fire in Chicago. He has a concealed carry permit. That plus his decision to carry his firearm made all the difference in the world.

The veteran and three of his friends were leaving a party on the city’s south side. When the group reached their vehicle, a container with liquor was sitting on top of it. A woman from the group asked another group gathered next door who the liquor belonged to and removed it.

The move angered 22 year-old Denzel Mickiel, who approached the veteran and his friends shouting obscenities. The man then went into his residence and returned with a gun.

As Mickiel opened fire on the group, the veteran took cover near the vehicle’s front fender, according to assistant state attorney Mary Hain, the Chicago Tribune reports.

The veteran fired two shots, hitting Mickiel both times.

Two of Mickiel’s friends also began shooting at the group, which was able to flee the scene in their vehicle.

Mickiel was transported to the hospital and is in critical condition. A woman in the veteran’s group was hit twice – once in the arm and once in the back – but was stabilized and taken to the hospital.

Mickiel is charged with attempted murder and will be held on $950,000 bond.

Had Friday’s shooting occurred a little more than a year ago, the veteran would not have been legally permitted to conceal carry his firearm.

And he and his friends would probably be dead.

Illinois was the 50th state to pass a concealed

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… What Part of Court Precedent does the City of Chicago not Understand [gun rights / gun sales]…

Posted by paulfromwloh on Tuesday,July 8th,2014

.. I am talking about court precedent , such as Heller v DC [gun rights] , McDonald v City of Chicago [ditto] , and Moore v. Madigan [likewise] …

.. Mayor Rahm Emmanuel is living dangerously …

.. he has to be reasonable , or the court is going to do the job for him ..

.. [h/t — TruthRevolt]..
.. [link] to the article …

.. until this year , gun sales were effectively prohibited in the City of Chicago . No more . Courtesy of a ruling in a case brought by the Illinois Shooting Sports Federation , Federal Judge Edward Change basically slapped down the city . He has given the city up to 6 months to enact gun store sales regulations . If they do not straighten up and fly right , the judge can enact them by court ruling …

.. if he has to do that , it will be open season in the City . Which City Hall will hate with a passion . Those dummies have to remember , they are still under the precedent from Chang ‘ s original ruling , plus the ruling in Moore v. Madigan . They have to obey it . like it or not …

.. they may wish that the state would appeal Moore to the US Supreme Court , but the anti – gun groups are scared to death . If the Moore precedent is applied nationwide , a whole boatload of gun laws , like the Wiilliams Act and SAFE in New York (for example) would go bye – bye …

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… What Idiot Decided to Come Up with This ?!?! [Smart Gun // Remote Kill Switch]…

Posted by paulfromwloh on Monday,June 9th,2014

.. you heard it right ..

.. a smart gun , newly patented with remote – kill switch tech …

.. [h/t — TruthRevolt]..

.. [link] to the blog post …

.. it may be neat technologically , but what idiot decided to come up this ??

.. no gun owner worth their salt will buy it ..

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… from the Killer ‘ s own Words [Santa Barbara shooting tragedy]…

Posted by paulfromwloh on Thursday,June 5th,2014

.. the N.R.A. puts it best …

NRA (good guy with gun)

.. [h/t — TruthRevolt]..
.. [link] to the blog news ..

.. Some will use the killer ‘ s name . I will not do so …

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… Nice Going , GrandMa !! [Self – Defense] …

Posted by paulfromwloh on Saturday,May 17th,2014

… this is what you call ” aggressive negotiations … ” ??

.. remember , from Star Wars II (the Clone Wars) — remember what that line meant … aggressive negotiations … self defense with a .45 caliber gun …

.. [h/t — ijreview]..
.. [link] to the video report …

.. there is no better weapon for self – defense than a gun …

.. this granny has the nickname ” Rambo . ” See why ….

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… Nice One , Dummies [Bloomberg goof up]…

Posted by paulfromwloh on Tuesday,May 6th,2014

.. when you talk about gun , at least you should know something about how they work ..

.. unfortunately for former New York City Mayor Mike Bloomberg , his latest anti – gun effort has , to say the least , ” backfired …. ”

.. [h/t — gunssavelives.net]..
.. [link] to the picture / blog news ..

gun blooper (bloomberg group)

.. notice something about the photo above ? I thought that you would …. the bullet in the photo / poster still has its casing on … duh !! … nice going , dummies ! …

.. if you are going to put out a poster or photo about guns and / or gun safety , at least try to idiot – proof it … nice going , dummies …

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… Beautiful Way to Put It , Sheriff [David Clarke]…

Posted by paulfromwloh on Sunday,May 4th,2014

.. evidently , Milwaukee County [yes , that is Wisconsin] sheriff David Clarke is one very fervent advocate for our gun rights and the Second Amendment …. here is his version of how the Second Amendment should be updated …

.. [h/t — TruthRevolt]..

.. [link] to the blog news

Milwaukee Sheriff David A. Clarke spoke at the NRA convention this weekend and called for a 7-word addition to the 2nd Amendment. His addition sounded like this:


A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed – Keep your hands off our guns, dammit.

His addition was in response to former Supreme Court Justice John Paul Stevens’ book “Six Amendments: How and Why We Should Change the Constitution,” in which Stevens called for a 5-word addition to the 2nd Amendment. Stevens’ addition was “the right of the people to keep and bear arms when serving in the militia shall not be infringed.”

In his speech, Clarke said, ““My reaction was, What! Just what part of ‘shall not be infringed’ does Justice Stevens not understand?”

Clarke became a well-known figure in the gun world when last year he took out a radio ad urging Milwaukee residents to learn how to properly use a firearm to defend themselves while waiting for the police to arrive.

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… AG Holder should be Defending our Constitution …

Posted by paulfromwloh on Thursday,April 24th,2014

.. but he is not ..

.. if he were , he would not be stalling things on Fast and Furious …

.. if he were , he would not be jerking around Congress the way he has on other affairs …

.. [h/t — TruthRevolt]..
.. [link] to the post …

.. he would not be threatening the Second Amendment to the Constitution the way he has and he is ….

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.. Oh , Joy ? … Fast and Furious Guns are coming Our Way …

Posted by paulfromwloh on Wednesday,April 23rd,2014

.. according to Bob Owens .

.. not only are hundreds of Mexicans dying because of the gun – trafficking antics from the scheme of F & F , the idiots in the Federal Government are making things worse …. much worse . The cartels are starting to move in on our side of the border , and they are bringing F & F guns with them …

.. [h/t — BearingArms]..
.. [link] to the news post …

.. guess what that means ? Yep , innocent Americans are going to end up dying because of the lax (try , non – existent) border security [or , lack thereof] and those damn Fast & Furious guns …

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… DemoCraps gone Crazy [on Gun Rights]…

Posted by paulfromwloh on Sunday,April 20th,2014

.. yes , there are Dems that have lost their marbles ..

.. now these dummies want to confiscate your right to buy weapons (from overseas) . It is easily clear that arms manufacturers may be regulated , but they cannot be stopped from doing business in this country . It gets more interesting when one is dealing with importing weapons from overseas …

.. the buyer and the importer can be regulated , but they cannot be stopped from doing business . The question is from the other end . The Second Amendment stops , unfortunately , at the waters ‘ edge , as I best understand it ..

.. [h/t — TruthRevolt]..
.. [link] to the blog post …

.. these loons want to ban the import of weapons over a certain size . I think that the loons have lost it trying to stop people and businesses trying to import weapons . Unless those weapons are specifically , legally , and constitutionally banned , then you cannot ban them …

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… You Participate in Public Discourse …

Posted by paulfromwloh on Friday,April 11th,2014

.. and , what does it get you ?

.. a suspension from your community college …

.. [h/t — theGatewayPundit]..
.. [link] to the blogpost …

.. it seems that two neighbouring states , New York and Connecticut , are two of the most anti – gun states in the Union . New York ‘ s Williams Act [just over a century old] is infamous in gun rights circles . It makes getting a permit just to own a gun next to impossible . Connecticut is almost as bad …

.. this young man , Nicolas Saucier confronted gun – grabbing Connecticut Governor Dan Milloy [who , himself is in deep political trouble] at an event at his school , Asanuntuck Community College . Well , the authoritties at his school did not like it one bit . So , what happened ?

.. bye – bye . Saucier was suspended from school . I wonder how those folks feel about a lawsuit from the Foundation of Individual Rights in Education , or F.I.R.E. . I would think that Saucier would have grounds for a civil rights action against his school , along with being transferred to the school of his choice ….

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… More Detail on Baker v. Kealoha [gun rights case] …

Posted by paulfromwloh on Saturday,April 5th,2014

.. this one is another gun rights stunner .

.. yea , it is out of the state of Hawaii . Believe it or not . However , the case was not filed against the state ; it was filed against Honalulu County . If that sounds familiar , then you got it … it was the same tactic that was pulled off in Peruta v Cty of San Diego ….

.. in both cases , nicely done …

.. [h/t — Guns.com]..
.. [link] to the blog post ..
.. [linkBaker-v.-Kealoha (Hawaii — gun rights) Opinion] to the court decision .. it is not as dry or indecipherable as one might think …

Aloha: Federal court strikes down Hawaii’s ‘may issue’ practice

Judge Diarmuid O’Scannlain along with Judge Consuelo M. Callahan found the Honolulu Police Chief's policy on CCW permits, not consistent with "protected Second Amendment activity.” (Photo credit: The Recorder)

In a decision released Thursday by the U.S. 9th Circuit Court of Appeals, in the case of Baker v. Kealoha, the court followed the lead of the recent Peruta case to declare Hawaii’s restrictions on firearms carry unconstitutional under the Second Amendment.

The case was heard by the same trio of judges who sat on the earlier Peruta and Richards cases in California, which challenged the state’s restrictive ‘may issue’ policies that required concealed carry permit applicants to show “good cause” to warrant a permit. The judges, Diarmuid O’Scannlain, Sidney Thomas and Consuelo Callahan, heard Baker in December 2013 and issued their findings Thursday.

“In Peruta, we concluded that the Second Amendment provides a responsible, law-abiding citizen with the right to carry an operable handgun outside the home for the purpose of self-defense,” wrote O’Scannlain for the two-judge majority decision in a memorandum.

“In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity.”

Thomas, who also dissented on the Peruta case, chose to do so on the Baker decision as well, citing that the Hawaii case came to the 9th Circuit via a different procedural process than its predecessor. He also noted that, “there is simply no justification for a broadside interference with state law enforcement” by the court.

Hawaii has some of the strictest concealed carry laws in the country. In 2012, just four private citizens applied for a concealed carry license in the city and county of Honolulu, while one applied in Maui County, and all five were denied at the discretion of the respective county police chief.

This case is one of plaintiff Christopher Baker, a resident of Honolulu County who applied for and was denied a concealed carry permit by the Honolulu Police Chief without reason or explanation.

Baker then filed suit against Chief of Police Louis Kealoha for denial of his Second Amendment rights. The case was denied by a district court and then appealed to the 9th U.S. Circuit, who issued its findings Thursday. Baker was represented by Hawaii based attorneys Richard Holcomb and Alan Beck.

“I think it’s promising. Everything is dependent now upon making Peruta a filed decision,” said Chuck Michel, senior partner and CEO of Michel and Associates, the firm responsible for the win in the Peruta case earlier this year, to Guns.com.

Following that decision in February, county sheriffs across California started to reevaluate how they issue firearms permits and qualify “good cause.”

The decision in that case was used in a precedent in the later suit of Richards v. Prieto earlier this month.

“If Peruta stays in there, Hawaii will have to change its program,” explained Michel.

Even though Baker was an unpublished decision closed by memo, similar to how the Richards case was concluded, and cannot be cited in other cases, it is something of a validation of Peruta that improves the chances that California and now Hawaii could move to a ‘shall issue’ concealed carry standard for good.

“The most interesting part is that the Yolo County Sheriff, Prieto, has asked for en banc review in the Richards case,” advised Michel. “I expect that the defendant in the Hawaii case, the Honolulu Police Chief [Kealoha], that they are going to ask for en banc review too. At this point en banc review is inevitable because there is so many ways for it to happen.”

Others agree that the battle in Hawaii is still very much uphill.

“Hawaii’s Attorney General and law enforcement leaders will oppose shall issue as will our current liberal Legislature,” Dr. Max Cooper, president of the Hawaii Rifle Association told Guns.com Friday. “It is time for more people to apply for permits and another hearing on a shall issue bill in the 2015 Hawaii Legislature.”

“There is still politics in this, so people need to be pushing their issuing authorities to adopt the Peruta decision and start issuing permits and people should go on down and apply,” explained Michel.

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… Why Does Not the DemoCrap Party become Anti – Gun ?!?! …

Posted by paulfromwloh on Saturday,March 29th,2014

.. it is for good reason , Billy Boy .

.. guns are enormously popular , stupid …

.. [h/t — RealClearPolitics]..
.. [link] to Bill Maher ‘ s incredibly stupid and dense comments …

.. and because the DemoCraps do not want to commit political suicide . Many light blue [read : Oregon] and pink [read : Iowa , Colorado , Wisconsin , Michigan , Pennsylvania] are immensely pro – gun . Go against the guns , and you will learn a very hard lesson …

.. the Dems will learn a version of this (except in terms of coal and coal mining) in West Virginia this fall . The Dems could lose 2 of the 3 US House races , potentially all 3 , the West Virginia state House , possibly the West Virginia state Senate , as well , and Shelley Moore Capito (daughter of late Governor Arch Moore , and herself a Congresswoman) should win the U.S. Senate seat in a blowout . The E.P.A. ‘ s war on Coal will be a big driver of the Dem vote to turn the state almost fully Red …

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… Hawaii is Now a ” Shall Issue ” state …

Posted by paulfromwloh on Friday,March 28th,2014

.. for now , at least ..

.. the 9th Circuit is going to want to get its hands on this case , too . It was handled by the same panel of appeals judges that heard Peruta v Cty of San Diego . This case (Baker v Kealoha) hits one of the toughest states in the country , and by far the toughest state in the West for gun rights …

.. with the gun rights case in the ease in New Jersey (Drake v. Jerejian) now on the U.S. Supreme Court docket , the appeals judges on the 9th Circuit are blocked from trying to do anything , especially anything funny . The Supremes keep their eye on the 9th Circuit for a very good reason ‘ normally it is because of their antics on death penalty cases . In this case , it is a different subject area , but the same habit …

.. [h/t — NationalReview]..
.. [link] to the blog post ..

.. trust me , the Dems in Hawaii are not going to like this one bit . If it were a state issue , then there could be impeachment proceedings against the state supreme court judges . Alsas , for them , they are federal appeals court judges , so they cannot be touched..

.. I am willing to bet that this case was targeted at a county , as it was in California . It would force the statewide folks [the Governor and the AG] to keep their hands off of the case , and force the county Prosecutor to deal with it on his own … Nice tactic , and smart . It effectively forces ” shall issue ” on Hawaii through the backdoor …

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… What is the ATF thinking ?? …

Posted by paulfromwloh on Thursday,March 27th,2014

.. these guys at Ares Armor have an injunction against the government doing just this , and they come in anyway …

.. O U T R A G E O U S !! ..

.. [h/t — theGatewayPundit]..
.. [link] to the blog post / video segment ..

.. what in the hell is the ATF doing ? running around like a bunch of kids running loose , with no parental supervision ?? where is the U.S. Attorney on this …

.. this is a local Fox affiliate in Oceanside , CA [greater San Diego] that did a lengthy story on the Ares Armor situation . It contains quite a bit of useful material . It is well worth your time to watch it …

.. [link] to the news piece …

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… ObamaCraps gone wild [ATF] …

Posted by paulfromwloh on Thursday,March 20th,2014

.. story , courtesy of the Libertarian Republic …

.. gun store finds loophole in law , allows them to sell 80% complete AR15 rifle , legally , without background checks …

.. gun can be easily completed by buyers . Government is embarrassed , big time , by loophole . Government tries to strike back …

.. tries to get and seize records and inventory of gun store . Before government acts , gun store strikes back , gains court order to block government from harassing gun store , business , gun buyers …

.. video included …

.. [h/t — theLibertairian Republic]..
.. [link] to the news report …

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… I was Right [9th Circuit Gun Case (Peruta v Cty of San Diego)]…

Posted by paulfromwloh on Friday,February 21st,2014

.. I picked up on this article , and this one comes from another legal blog that I like to follow , entitled the Volokh Conspiracy . It is well worth your while to look at and sample …

.. this 9th Circuit case is going to get wrapped into the New Jersey gun rights case , and both will make it to the United States Supreme Court . The full 9th Circuit might want to try to go ” en banc , ” but the Supremes will beat them to the punch , and take up the other case … it thus blocks any move against this one ….

.. Also , this one is usable in the circuit against Hawaii and California ‘ s much more odious gun laws . The district court judges may or may not respect it , but they have to follow it . Much more so when a 6-3 ruling comes down overturning the New Jersey gun law …

.. [h/t — Volokh Conspiracy]..

.. [link] to the blog post ..

Growth chart of right to carry

David Kopel

The chart below shows how Shall Issue laws for the licensed carrying of firearms for self-defense have become the American norm.

As of 1986, slightly less than 10% of the U.S. population lived in states where there were objective and fair procedures for the issuance of concealed handgun carry permits. About a third of the population lived in states where there was not even a process to apply for a permit. The majority of the population lived in states where issuance in permits was highly discretionary, and many issuing authorities refused to issue to ordinary law-abiding citizens.

By 2014, the percentage of people living in the Red states, with no possibility of even applying for a permit, has declined to zero. Illinois’ 2013 reforms ended the problem of states not even having a process theoretically available. (The problem persists in DC, but this chart is only for states.)

As of January 2014, about 2/3 of the population lived in a Green state, with a Shall Issue licensing statute.

Purple states (concealed carry is allowed without need for a permit) have increased from Vermont only in 1986 to several states comprising about 4% of the population. Currently, the Purple states are Alaska, Arizona, Arkansas, Vermont, and Wyoming (residents only).

The Yellow states (arbitrary permitting) were the national norm in 1986, but they are now outliers. Unless the 9th Circuits’ decision in Peruta is overturned, California and Hawaii will have to become Shall Issue states.

This will leave Yellow states at less than 1/7 of the U.S. population.

Moreover, some parts of the Yellow “may issue” states are already issuing permits as if they were Green. In New York, Massachusetts, Rhode Island, and Delaware, permits are issued by local authorities, and in some jurisdictions, local authorities issue in a manner consistent with respect for the right to bear arms. Permits are rarely issued in Maryland, and are extremely rare in New Jersey.

The six hold-out states are increasingly isolated. Not counting tiny Rhode Island and Delaware, the four larger hold-out states each are all bordered mainly by Green states. (Mass. by upper New England and Connecticut; NY by Penn., Vt., and Conn.; NJ by Penn.; Maryland by Penn., Vir., and WV). It should also be noted that in two of Delaware’s three counties, permit issuance is often approximately what a Green state would do.

Rhode Island is sui generis. There are two licensing statutes: a “may issue” statute for the Attorney General, and a “shall issue” state for municipalities. Getting a municipality to follow the statute and issue a permit may require great persistence, and even that is not always successful.

It is interesting to compare the above chart to the map showing the demise of laws against “sodomy” (oral or anal sex), between 1970 and 2003. On the eve of Lawrence v. Texas, there were still 13 states which had sodomy statutes.

Thanks to Rob Vance for gathering the data and producing the chart.

David Kopel
David Kopel is Research Director, Independence Institute, Denver, Colorado; Associate Policy Analyst, Cato Institute, Washington, D.C; and Adjunct professor of advanced constitutional law, Denver University, Sturm College of Law. He is author of 15 books and 90 scholarly journal articles.

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