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Posts in '4th Amendment'

Chicago Throws Shade With 2017 Gun Traced Report

Not only does the document lack any numbers for guns that were not traced, it conflates the numbers of traced guns with those of all confiscated guns.

D.C. Will not appeal loss on Carry Permits

The government of the District of Columbia has decided not to appeal the Circuit court decision in Wrenn v. D.C. A week ago the U.S. Court of Appeals for the District of Columbia Circuit ruled that they would not rehear Wrenn v. D.C. en banc.

In Advance of Hurricane Irma, Government Sanctioned Gun Confiscation Begins

It strains credulity that anyone but the most naive or ignorant person can believe that gun control in general and gun registration in particular is anything but a scheme by the government to allow them to come and confiscate your guns.  This is even more evident when the threat of a hurricane is being exploited in order to enact said gun confiscation.

Trump Justice Deparment Stops Obama Era “Operation Choke Point” Abuse

Operation Choke Point was an extra-legal attempt by the Obama administration to economically attack businesses that it disliked. It circumvented the rule of law by giving banks incentive to discriminate against a list of businesses.

D.C. Court of Appeals Strikes Down restrictive “may issue” Concealed Carry Law

A three judge panel on the D.C. Court of Appeals has struck down the District of Columbia “may issue” concealed carry law. The District of Columbia bans the open carry of firearms. With its law banning the concealed carry of firearms except in exceptionally rare cases, it has effectively banned the carry of weapons outside the home.

Truck Open Carry Case offers Chance to Validate Wisconsin Constitution

In Wisconsin, a truck driver, Guy A. Smith, is contesting an arrest for carrying a concealed weapon. The handgun was on the floor of his truck, and was visible to an outside camera. Smith made no attempt to hide the firearm when the truck was inspected by a Wisconsin State Trooper.

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.

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”.