Posts in '14th Amendment'

Florida Legislature Battle with Courts Continues on “Stand Your Ground”

In Florida, person facing unlawful deadly force or significant bodily harm was no longer required to retreat before defending themselves in public places.

Letter: How is Voter ID different from a Gun Permit

Last week I received an email from one of my readers asking me my viewpoints on comparing a Voter ID to a Gun permit. She had come across an article I had written back in 2013

IL: Federal Court Upholds Lawsuit to Void Foster Parents Rules against Exercise of 2A

We brought this action on behalf of the plaintiffs to establish that the state’s restrictions on the possession and carrying of firearms by foster parents is unconstitutional under both the Second and Fourteenth amendments.

NH: Constitutional Carry Bill Passes Senate

The New Hampshire legislature has passed permitless “Constitutional carry” both of the last two years. Both times the bill was vetoed by Democrat governor Maggie Hassan.

Ninth Circuit Overturns ruling on Second Amendment Waiting Period

On 14 December, 2016, a three judge panel of the Ninth Circuit Court of Appeals reversed the District Court ruling in Silvester v. Harris. The Ninth Circuit held that a 10 day waiting period was a “reasonable safety precaution”.

Thanks to a Republican LOSS, Open and Campus Carry Coming To Florida in 2017

Portilla, for two years has single handedly blocked campus and open carry from becoming the law of the Sunshine State even though the State Senate is overwhelmingly pro gun.

Guam Shall Issue: Popular, Safe, and Expanded

In 2014, Guam passed a shall issue concealed carry bill to reform the existing “may issue” law. The chief proponent of the bill was Senator Anthony Ada. Senator Ada said that one of the reasons he pushed for the passage of the reform was the Peruta case in the Ninth Circuit.

Arizona Governor Vetoes Legislation To Stop Bloomberg Influence On Gun Laws

A few weeks ago, SB2524 passed the Arizona legislature. If it had become law, and another state agreed to the compact, it would have prevented Arizona from enacting firearm transfer requirements that are more restrictive than federal law. Yesterday, 10 May, Governor Ducey vetoed the bill.

California Set to Revoke Due Process of Gun Owners on Jan. 1st

Exploiting the tragedy of a mass shooting, come the new year the 5th Amendment of the Constitution, specifically the part about due process, will be suspended for gun owners.

Support the Freedom to Carry

I’ve penned a new op-ed at Counter Cultured on the freedom to carry–constitutional carry–in all 50 states.   Last week, the Supreme Court legalized same-sex marriage in all 50 states by citing the 14th Amendment as justification for this. While this ruling was disappointing –  government has now redefined marriage – we must promote a culture of marriage without quick legislative fixes or government intervention. If one positive thing has come out of this ruling, it gives the 14th Amendment license to be applied to gun rights with respect to the right to carry.  Section I of the 14th Amendment reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;...

New York Senator Schumer Vows To Fight Tooth and Nail Against Freedom

Texas Senator John Cornyn has drafted a sensible, bi partisan supported measure named the Constitutional Concealed Carry Reciprocity Act of 2015. In response, gun hating New York Senator Chuck Schumer has lost touch with reality. To hear Schumer speak of it, Cornyn’s bill would end civilization as he knows it and heralds the oncoming apocalypse. Here is just one quote from this elected official that, as a free American, makes me sick to my stomach: “This bill is a menace to New York and would allow potentially dangerous people from other states to carry concealed weapons in our grocery stores, movie theaters and stadiums, without even notifying the police.” Without notifying the po-lease.  Shucks massah Chuck, I dun realize i hadta ask the field massahs if i wanted to use ma rights. Yes.  I just used a politically incorrect slave impression to highlight how Chuck Schumer’s mind works.  Schumer is so...

The Constitutional Carry Tide Keeps Rolling

Despite one of the most anti gun Presidents in our history at the helm, more and more states are poised to do away with the permit system for its citizens to carry firearms.  Currently 10% of states have laws enacting Constitutional Carry; the carrying of firearms without first coming to the government, hat in hand to ASK if its ok. That number could more than double by the end of the year with states currently debating and others on the precipice of introducing legislation constitutional carry laws. From Godfather Politics: Just when Barack Obama and his liberal tyrant friends have been pushing so hard to enact stricter anti-gun and Second Amendment defying laws, some states are looking to pass laws that would not require a special permit to carry a concealed weapon. Currently, Alaska, Arizona, Arkansas, Vermont and Wyoming do not require any special permit to carry a concealed weapon....

Court Rules Residency Requirement Unconstitutional for Handgun Purchases

I don’t know of one tangible item that is restricted to purchase based on where one lives if that item is legal in both places. Yet for handguns, for the longest time a person has been limited to what is available within their home state.  I don’t know about you but I have purchased cars and motorcycles in different states because I like the bigger selection and the lower prices. Of course, gun hating Nazi’s like Eric Holder have long since been against any type of freedom when it comes to the Second Amendment. From the Washington Times report: In the case, federally licensed firearms dealer Frederic Russell Mance Jr. of Texas and gun buyers Tracey and Andrew Hanson sued Mr. Holder and the Bureau of Alcohol, Tobacco, Firearms and Explosives Director B. Todd Jones claiming the federal ban on the sale of handguns outside of one’s state stops...

Empowered by the SAFE ACT, New York Gestapo At It Again

Once again, New York’s version of the Gestapo, drunk on their own power, has unconstitutionally seized the property of a law abiding citizen while filing no charges. Marc Weinstein is getting a modern day glimpse of what life was like in 1930’s Germany.  On February 25th 2014, the retired firefighter  got into an argument with his adult son.  Though tempers settled quickly, the police were contacted and arrived to a quiet and peaceful home. For some reason, though no one claimed a weapon was brandished, the police who responded to the call asked to not only see Weinstein’s weapons permit (show me your papers) but also demanded that he give them all of his REGISTERED firearms and ammunition. Once again proving that registration is just a con that gun control fanatics like Andrew Cuomo use in order to be able to seize firearms from law abiding citizens. Weinstein rightly refused to...

GOP, You Just Won Back The Senate…What Are You Going To Do Next?

In what appears to eventually be a 9 seat pick up in the Senate, Republicans have ousted Harry Reid from the Senate Leadership position and regained control of the upper house of Congress.  As a gun owner, my question is: “What are they going to do now?” Killing all gun control talk is great…I suppose…but with Republicans controlling the house since the 2010 elections, that has been a pipe dream for Democrats anyways.  And with Obama in charge of nominating judges, the best the Republicans can do is block the extreme anti gun jurists but they are unable to put forth their own pro 2nd Amendment replacements. In other words, defense is not what I am asking about.  I want to know what offense the newly empowered Republican party is going to take in order to strengthen our 2nd Amendment rights. First off, National Reciprocity. My Driver’s licence is...

New Gun Law In California: Salem Witch Trials Reborn

It is a dangerous precedent when one person need only point a finger at another person and cry “WITCH” and that person gets burned at the stake, drowned, or pressed to death.  Yet that is exactly the situation being fostered in California now that a new gun control measure has been put in place where a person’s property can be stolen by the police and they are considered guilty just because a relative points to them and cries out “gun owner.” The new law (AB-1014) allows families to petition a court for the seizure of guns from a family member, and then empowers police to confiscate firearms from that family member. Here’s all the wrong with that.  First off, due process is chucked out the window.  Basically people can go directly to judge, without any investigation or proof, and claim that someone who is related to them may be...

Sotomayor Fears Drones Yet Votes To Strip Citizenry Of Ability To Combat Tyranny

I wonder if the fog of liberalism is finally lifting from the eyes of Supreme Court Justice Sotomayor or if she is just ignorantly hypocritical as most liberals seem to be. Speaking before a group of students and faculty at Oklahoma City University’s School of Law on Thursday, Justice Sotomayor railed against the increasing intrusion into our privacy during this “frightening” age of surveillance technology.  She made a specific point about the use of drones by both public and commercial entities to encroach on our private lives. There are drones flying over the air randomly that are recording everything that’s happening on what we consider our private property. That type of technology has to stimulate us to think about what is it that we cherish in privacy and how far we want to protect it and from whom. Because people think that it should be protected just against government...

Has Ohio Been A Constitutional Carry State All Along?

As I was looking into my travels this Memorial Day weekend I took a minute to have a refresher course on what the gun laws are in the states that I will be travelling to.  I am planning on heading to Cincinnati Ohio to root on my Alma Mater’s, the University of Pittsburgh’s, Ultimate Frisbee Team En Sabah Nur. Yes…your champion of gun rights and all things 2nd Amendment himself was a big time Ultimate Frisbee player.  With ESN, a team on which I was a founding member, I was a 4-time National Qualifier after an injury left him unable to continue playing football at Pitt…but I digress :o) Anyways, while I know Open Carry is legal in the Buckeye state (fortunate for me since Ohio and Pennsylvania do not have CCW reciprocity) I wanted to delve into the motor vehicle aspect of firearm transportation.  From what I heard...