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Posts in '4th Amendment'

Drug Ruling in Colorado May Have Precedent Setting Impact for Gun Owners

At face value, you might not think that a case involving a drug sniffing dog and a car search has anything to do with the 2nd Amendment, especially since there were no firearms present at the time by the car owner.  But in typical fashion when dealing with the law of unintended consequences a simple car stop and search in Colorado may have repercussions throughout the country for gun owners thanks to how the Colorado Court of Appeals ruled. In February of 2015 in Craig, Colorado Police Officer Bryan Gonzales followed a truck driven by t Kevin McKnight that was leaving a home that had been searched for drugs nearly two months earlier.  Gonzales testified that he pulled the truck over because McKnight allegedly made a turn without using a turn signal. He later called in Sgt. Courtland Folks with the Moffat County Sheriff’s Office and his drug-detection dog, Kilo....

Eighth Circuit: Open Carry not Reasonable Suspicion for a Police Stop

The Eighth Circuit, on 23 August, 2016 reversed the trial court decision, finding that police did not have reasonable suspicion to stop Duffie, because the open carry of handguns is legal under the law in Nebraska.

Illinois Appellate Court Protects Second and Fourth Amendments

An Illinois appellate court has upheld the Fourth and Second Amendments. They did so rather apologetically. The case was decided on 31 March of 2017, but the events involved occurred in 2011.

Pennsylvania Bill to Enforce Firearm Preemption Against Scofflaw Governments

The Pennsylvania legislature is aiming to enforce their strong firearms preemption law. A similar enforcement law was enacted in 2014, but was struck down in 2016.

CT: Bill to Require Carry Permit Holders to “Show Their Papers” Defeated

Second Amendment supporters won another victory, this time in Connecticut. On Thursday, 6 April, 2017, HB6200 was defeated. The bill would have required individuals who open carry handguns to present permits to law enforcement on demand.

South Carolina: Constitutional Carry Passes House, 64-46

H. 3930, a Constitutional Carry bill is on the move in South Carolina. On March 9th, it passed the Judiciary Constitutional Laws Subcommittee. On 21 March, it passed the full committee with a vote of 15 to 7.

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

Lens Liberator: Low Tech Solution To A High Tech Threat

The Lens Liberator is a low tech solution that is unhackable, unbeatable and cannot be worked around because it exists in the physical world. When you see it you know its working.

New Hampshire: Democrats Propose Voter Suppression for Second Amendment Practitioners

A bill has been introduced into the New Hampshire legislature. It is designed to suppress the exercise of the Second Amendment and voting.

Amazon Echo: Americans Have Unwittingly Allowed Their Homes To Be Bugged

Amazon Echo, named “Alexa”, to put it in layman’s terms is like a robotic butler. You ask her to play music, what the weather is like, to turn on a channel, change the heat in your house, order a pizza, get you an Uber etc. Basically all you have to do is ask. And there’s the rub. How exactly do you ask Alexa?

New York Woman Files Suit for Due Process when Denied Second Amendment Rights

The New York Safe Act has numerous significant flaws. It is actively being challenged in several court cases. The act was passed as an “emergency” measure without regular debate or committee hearings, in one night, under pressure from Governor Cuomo.

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”.

Guns Brought Through TSA Subject to Confiscation, $100K Fine in Georgia

Starting June 1, 2016, any guns carried through TSA checkpoints in Georgia will be subject to confiscation of the firearm, a $100,000 fine, and up to a year in prison.

Let’s Talk About “New York Values”

New York Values are the statist, high taxed, government controls your life, religion is met with ridicule, guns only for the important people, do as I say not as I do, ultra liberal hypocrisy and nastiness that runs both New York city and to a lesser extent upstate.

A Smart Reply On the “Cost” of the 2nd Amendment

A conviction gets thrown out because a cop conducted a bad search? That’s unfortunate, but that doesn’t mean I have to be subject to warrant less searches. So too, is it true with the 2nd Amendment.

Texas Open Carry Stumbles At The Finish Line; Allows Police To Abuse Authority

Texas open carry has become a reality as has campus carry.  Those are great things.  I always found it laughable that, before the police in Pennsylvania were properly trained, some cops would harass me and other open carriers and say things like: “This is Pennsylvania, not TEXAS.” Well, Texas has finally joined the other 45 states that allow Open Carry. It by no means smooth sailing as Bloomberg and his cabal of astroturf supporters tried their usual shtick of fearmongering and deceitful propaganda, but to no avail this time. HB910 went to Gov. Abbott’s desk for his signature and he signed it into law on June 13th, 2015. Open carry becomes legal for all permit holders in the Lone Star state come January 1st, 2016. Why the wait?  I don’t know.  And yes, a permit-less open carry law would have been preferable. But where the law really stumbled was with...

Freedom From Federal Spying Takes Huge Step Forward

In a good day for Liberty in America, the illegal, invasive and unconstitutional spying program run by the NSA against US Citizens has been scrapped in part by the Senate failing to pass an extension. This, in large part, is thanks to Senator Rand Paul who filibustered against the extension of the program and brought the machinations of Congress into the light.  The People, who were the targets of this 4th Amendment violation via the bulk data collection without warrant, began to make phone calls and send letters urging their representatives to follow Sen. Paul’s lead and not extend the unconstitutional program. Of course, those who prefer to shred the Constitution in order to invade the privacy and keep tabs  on every American in the country were not as pleased. Senate Majority Leader Mitch McConnell for one bristled under the notion that Americans have a right to be free from...

After 3 Years Gun Owning Senior Wins Lawsuit Against Crooked Cops Who Stole His Firearms

It took three long years, but 75 year old Arthur Lovi finally had his day in court and the police department of Arlington Heights, Illinois were on the losing end of an $80,000 ruling. The story began back in 2012 when Lovi was diagnosed with high blood pressure linked to stress.  His doctor suggested he talk to a therapist to try a lower his blood pressure. Lovi, who was a helicopter pilot for the Air Force during the ’60s  talked to the therapist about his recent losses that he was dealing with. From the Daily Herald: Lovi told her about the loss that had been all around him the past few years: his mother, a 3-year-old granddaughter who drowned, a son-in-law lost to a drug overdose, and worst of all, his wife of 33 years. Cindy had died nine years ago, but to Lovi it was still raw. She...