Tag Archives: NRA

Teens’ Gun-Violence Walkout Reveals Division In Movement

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Wake up! Not everyone agrees with the anti-gun movement, and here’s an example of how forcing that view creates that much more division. MORE

walkout

SOURCE: Arkansas Online 
By CAROLYN THOMPSON and MICHAEL MELIA The Associated Press

As she addressed the crowd during the walkout at her Idaho high school, Kylee Denny faced heckles and name-calling from a group of students carrying American flags, she said. The counterprotesters included many familiar faces, including her boyfriend’s stepbrother.

To avoid making a difficult situation worse, Denny’s boyfriend stayed in class during the rally at Hillcrest High School in Idaho Falls, which was part of Wednesday’s national school walkout.

“I’m dating his stepbrother, which is really incredibly awkward and it’s very tense because he was being so hostile about losing respect for me because I was walking out,” said Denny, a 17-year-old junior who helped organize the protest.

The walkouts to protest gun violence that mobilized students across the country also created tensions in hallways and classrooms as a new generation was thrust into the debate over guns. While those calling for new restrictions stood in the spotlight, the surge of youth activism has exposed sharp differences of opinion.

Administrators and student leaders are also sorting through the fallout as some schools hand out discipline for those who defied school instructions and participated in the walkouts exactly one month after the massacre of 17 people at Marjory Stoneman Douglas High School in Parkland, Fla.

In some cases, personal relationships have been strained.

Ryler Hanosky said he was disappointed that his stepbrother, Denny’s boyfriend, did not join the counterprotest.

“He’s a hunter just like me. He likes his guns,” Hanosky said. “I told him, ‘You need to come with us,’ and he’s like, ‘No I’m just going to stay out of it.’ It kind of makes me mad a little bit.”

The rally Denny helped organize was supposed to be for school safety, not gun restrictions, she said, but some misunderstood, becoming angry and calling names.

“You’re just like, ooh, wow, OK, I have second period with you and I don’t want you to think I’m trying to destroy your constitutional rights,” she said.

In Woodbury, Conn., about 75 students walked out of class Wednesday at the 750-student Nonnewaug High School, meeting in the auditorium before walking outside. They were followed by another group of about a dozen counterdemonstrators, including some who chanted, “NRA is the only way!”

One student, Jess Dooley, 16, said the school in rural western Connecticut is small enough for her to know nearly everyone, but that she did not feel comfortable joining the walkout because of comments by gun-rights supporters. Tensions already had been high since the Parkland shooting as debate grew vehement over arming teachers, school shootings and gun control.

“Everybody knows how everyone feels about it,” she said.

The day after the walkout, Dooley said, her civics teacher defused some tension by letting students take turns sharing their opinions on the walkout.

Organizers of the national walkouts called for such measures as tighter background checks on gun purchases and a ban on weapons like the one used in the Florida shooting. A protest against gun violence is also scheduled in Washington on Saturday , and another round of school walkouts is planned for April 20, the 19th anniversary of the Columbine High shooting in Colorado.

In last week’s walkouts, some students tried to steer clear of politics entirely, including Jacob Shoemaker, a senior at Hilliard High School in Ohio, who was suspended a day for not following instructions because he stayed in a classroom instead of joining protests or the alternative, a study hall. School, he said, isn’t the place for politics, and he wasn’t taking sides.

In Pennsylvania, a superintendent issued detentions to 225 Pennridge High School students who walked out Wednesday instead of attending an assembly honoring the Parkland victims.

Elsewhere, scuffles broke out between walkout participants and students who had other ideas for how to spend the time. At Blythewood High School in South Carolina, students were packed together in a school atrium when some began talking during the moment of silence for the Parkland victims. Shoving broke out as some called for quiet.

“These kids, who were probably younger, they weren’t against the protests,” said Andrew Kilgore, an 18-year-old senior who said students would be better organized for the next demonstration. “They were just being disruptive. They wanted a reason to get out of class.”

 

NRA Statement on Corporate Partnerships

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There’s a lot going on out there, folks. Here is NRA’s statement regarding recent calls from some to boycott the defender of the Second Amendment. READ IT HERE

city

SOURCE: NRA-ILA

The more than five million law-abiding members of the National Rifle Association have enjoyed discounts and cost-saving programs from many American corporations that have partnered with the NRA to expand member benefits.

Since the tragedy in Parkland, Florida, a number of companies have decided to sever their relationship with the NRA, in an effort to punish our members who are doctors, farmers, law enforcement officers, fire fighters, nurses, shop owners and school teachers that live in every American community. We are men and women who represent every American ethnic group, every one of the world’s religions, and every form of political commitment.

The law-abiding members of the NRA had nothing at all to do with the failure of that school’s security preparedness, the failure of America’s mental health system, the failure of the National Instant Check System, or the cruel failures of both federal and local law enforcement.

Despite that, some corporations have decided to punish NRA membership in a shameful display of political and civic cowardice. In time, these brands will be replaced by others who recognize that patriotism and determined commitment to Constitutional freedoms are characteristics of a marketplace they very much want to serve.

Let it be absolutely clear. The loss of a discount will neither scare nor distract one single NRA member from our mission to stand and defend the individual freedoms that have always made America the greatest nation in the world.

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. More than five million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter@NRA.

Midsouth Shooters Supply Blog Editor Note —
We follow a policy here of avoiding heresay, unbased-opinion pieces, editorializing, rants, raves, Tweets, twits, and the like. I’ve read a lot (a lot) of hateful commentary this past week or so, and am waiting for something concrete to take shape so we can present it here in these pages. Until then: Boycotts work both ways…
— G. Zediker

NRA’s Wayne LaPierre and Chris Cox Issue Joint Statement

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NRA calls for BAFTE review on rapid-fire devices. Here’s the story…

NRA

SOURCE: NRA-ILA

The National Rifle Association issued the following statement on October 5, 2017:

“In the aftermath of the evil and senseless attack in Las Vegas, the American people are looking for answers as to how future tragedies can be prevented. Unfortunately, the first response from some politicians has been to call for more gun control. Banning guns from law-abiding Americans based on the criminal act of a madman will do nothing to prevent future attacks. This is a fact that has been proven time and again in countries across the world. In Las Vegas, reports indicate that certain devices were used to modify the firearms involved. Despite the fact that the Obama administration approved the sale of bump fire stocks on at least two occasions, the National Rifle Association is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to immediately review whether these devices comply with federal law. The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations. In an increasingly dangerous world, the NRA remains focused on our mission: strengthening Americans’ Second Amendment freedom to defend themselves, their families and their communities. To that end, on behalf of our five million members across the country, we urge Congress to pass National Right-to-Carry reciprocity, which will allow law-abiding Americans to defend themselves and their families from acts of violence.”

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. More than five million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter @NRA.

Can The Government Confiscate My Firearms During a Disaster?

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firearms confiscation

During the recent disaster wrought by Hurricane Harvey in Texas and the impending landfall in Florida of Hurricane Irma, many of our members have been asking if the government can confiscate their firearms if the Governor or Federal Government declare a state of emergency.

Following the devastation caused by Hurricane Katrina in 2005, the New Orleans police went door to door seeking people who rode out the storm in their homes to force them to comply with the forced evacuation ordered by the government. As part of the effort, the officers were also confiscating firearms.

This created an outrage among the law-abiding gun owners of the country and resulted in the passage of state and federal laws to prevent such confiscations from occurring in the future.

In 2006, Congress passed the DISASTER RECOVERY PERSONAL PROTECTION ACT OF 2006. The law was intended to prevent the government from seizing legally owned firearms during the time of a disaster. It was incorporated as an amendment to the Department of Homeland Security Appropriations Act 2007 and signed into law on October 4, 2006.

CAN THE FEDERAL GOVERNMENT CONFISCATE MY FIREARMS?

This law amended 42 U.S.C 5201 Disaster Relief and Emergency Assistance Act to add the following provision:

SEC. 706. FIREARMS POLICIES.

(a) PROHIBITION ON CONFISCATION OF FIREARMS- No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may–

(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;

(2) require registration of any firearm for which registration is not required by Federal, State, or local law;

(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or

(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

(b) LIMITATION- Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.

Following the lead of the federal government, most state legislatures adopted their own version of this law.

TEXAS LAW ON FIREARMS CONFISCATION

In Texas, Government Code Chapter 418 (EMERGENCY MANAGEMENT) permits the Governor to declare a State of Disaster which suspends certain state laws and regulations to allow local authorities to conduct rescue and recovery operations.

However, it does not allow for the seizure of any legally owned firearms, with limited exception.

Specifically,

Sec. 418.003.  LIMITATIONS.  This chapter does not:

(5)  except as provided by Section 418.184, authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition;

Sec. 418.184.  FIREARMS.

(a)  A peace officer who is acting in the lawful execution of the officer’s official duties during a state of disaster may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.

(b)  The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (a) before ceasing to detain the individual unless the officer:

(1)  arrests the individual for engaging in criminal activity; or

(2)  seizes the firearm as evidence in a criminal investigation.

To read Governor Abbott’s actual declaration, click here.

FLORIDA LAW ON FIREARMS CONFISCATION   

Article IV, Section 1(a) of the Florida Constitution permits the Governor to issue an Executive Order to declare a State of Emergency in times of a natural disaster, allowing him to enact provisions of the State’s Emergency Management Plan.

For Hurricane Irma, the Executive Order provides specific provisions regarding the activities permissible to state and local officials during the emergency, as provided for in  Florida Statutes beginning with Chapter 252.31  “State Emergency Management Act.”

In part, the Executive Order states:

Section 2. I designate the Director of the Division of Emergency Management as the State Coordinating Officer for the duration of this emergency and direct him to execute the State’s Comprehensive Emergency Management Plan and other response, recover, and mitigation plans necessary to cope with the emergency. Pursuant to section 252.36(1)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes.

But those powers have certain limitations with regards to firearms. In particular,

Chapter 252.36(5)(h) states the Governor may:

(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. However, nothing contained in ss. 252.31-252.90 shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in the commission of a criminal act.

FINAL WORD

So, there you have it. During our times of disaster, we can all focus on recovery and not have to worry about the authorities coming along and confiscating our firearms. The Second Amendment survives disasters.

Surprising Hurricane Harvey Heroes

 

[Addendum: Due inquiries from Members, this story was updated on Sept. 7.]

U.S. VIRGIN ISLANDS CONFISCATING FIREARMS

On Tuesday, the island’s Governor ordered the National Guard to confiscate weapons and ammo that may be required for them to carry out their mission.  What that specifically means is unclear. Also, the U.S. Virgin Islands IS NOT governed by the U.S. Constitution, but instead by the “Revised Organic Act of the Virgin Islands,” a federal law approved by Congress in 1954. The island does not have its own constitution yet.

The NRA has threatened to file a lawsuit, and here is their take:

In 1997, the chairman of the House Committee on Resources asked the General Accounting Office (GAO) to clarify just how the U.S. Constitutional applies to various “U.S. Insular Areas,” including the U.S. Virgin Islands. Its findings were inconclusive and unsettling, especially to those now living under Governor Mapp’s orders. Said the report:

Under the Insular Cases and subsequent decisions, rights other than fundamental rights, even though they may be stated in the Constitution, do not apply to the territories or possessions unless the Congress makes them applicable by legislation. The Congress can by law extend the coverage of the Constitution in part or in its entirety to a territory or possession, and has done so with respect to some territories. In the absence of such congressional action, however, only fundamental rights apply.

Digging further, one finds that only parts of the Fifth Amendment are considered to be “fundamental” based on court rulings, and none of the Sixth Amendment applies. And nothing is said in the 75-page report about the Second.

If the NRA does sue and their position is sustained by the courts that people living on the island are U.S. Citizens with full protection of the U.S. Constitution, the issue will be settled. If not, or no suit is filed, those living on the island will be subjected to having their weapons confiscated by the National Guard.

September 1 is Here! This is How the Texas Gun Laws Change

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September 1 changes
The TSRA outlines the new laws taking effect September 1.

Read this release from TSRA to learn about ALL of the changes in Texas gun law on September 1. See below:

LTC Fee Reduction Legislation

(SB16 by Senator Robert Nichols/Representative Phil King)

Background:

In 1995 the Texas Legislature passed the concealed handgun license. At that time the fee to the state for the CHL was put into statute at $140 for the initial license and $70 to renew. The only discounts in 1995 were for seniors over 60 at a 50% discount and to indigents for the same 50% discount.

Over the years the Legislature created discounts for various groups such as judges, district attorneys, military, law enforcement and others but nothing for the average hardworking Texan. In addition, the process of issuing the license became streamlined.

With SB 16:

Those who would have paid $140 will now pay $40, and their renewal will also be $40. The cost will be $40 for seniors for their first license instead of $70, and a senior renewal will remain $35.

$40 is the most any Texan will pay the state for the License to Carry.

While TSRA strongly supports unlicensed possession of a handgun, the Texas license has become acceptable even to those who opposed the issue for decades.

Special thanks to Senator Robert Nichols the author of SB 16, to Representative Phil King for HB300, Representative Dustin Burrows for HB339 and to Representative Kyle Kacal for HB1024; all filed to create support for SB 16.

SB 16 was Lt. Governor Dan Patrick’s #1 priority for Texas gun owners.

Governor signed (5/26/2017)  Effective Date 9/1/2017

Caliber Requirement for LTC Qualification

(SB263 by Senator Perry/Representative Drew Springer)

Since 1995 there has been a minimum caliber requirement in the statute for the range proficiency portion of the Texas License to Carry class. Range Proficiency requires the applicant shoot a 50-round course of fire.

Currently, those seeking a license must test with a .32 caliber or higher handgun although there is no caliber requirement regarding the firearm carried by the licensee on a day to day basis.

This minimum caliber requirement negatively impacts those with hand injuries and the elderly who wish to obtain a license.

SB 263 by Senator Perry removes the caliber requirement for the range proficiency exam to obtain a Texas License to Carry.  The bill takes effect September 1.

Governor signed (6/9/2017)  Effective Date 9/1/2017

Volunteer First Responders

(HB435 by Representative Ken King/Senator Perry.)  Relating to handgun laws as they apply to licensees who are volunteer first responders.

Governor signed (June 15, 2017) Effective Date 9/1/2017

TSRA Suppressor Bill plus a Friendly Amendment

On Friday, May 19th, at 8:55 p.m. the Texas House passed HB 1819, authored by Rep. Drew Springer (R-Muenster) with Senate sponsor, Sen. Charles Perry (R-Lubbock) plus an amendment by Sen. Craig Estes (R-Wichita Falls).

HB1819 sets up Texas law in preparation for the Hearing Protection Act (HR 367) to pass in Congress. The Hearing Protection Act would remove suppressors, also known as silencers, from the provisions of the National Firearms Act (NFA). This means the purchaser of a suppressor would no longer be required to pay the suppressor dealer a deposit, fill out the form 4, transmit digital fingerprints, send BATFE $200, followed by waiting as long as a year for their application to be processed, the “tax stamp” issued and the purchase finalized.  Again, we’re only talking about suppressors. A device which simply muffles sound.

The US Congress, under our current administration, is expected to act and when the change occurs Texas law will be ready to accommodate the change. This means law-abiding Texans wanting a suppressor for their firearm will show their LTC or submit to NICS as though they were purchasing a firearm.  No forms and no $200 tax to BATFE when the Hearing Protection Act passes in Congress.

But wait, there’s more! Mossberg Shockwave!

It was brought to our attention by State Rep. Poncho Nevarez (D-Eagle Pass) and by TSRA members that the Mossberg 590 Shockwave could not be purchased in two states: Texas and Ohio. There is a Mossberg manufacturing facility in Eagle Pass.
You see BATFE does not require this 14″ barrel,  pistol grip “firearm” to be registered as an NFA device. The Shockwave is not a shoulder-mount shotgun.

The Mossberg amendment was added in the Senate by Senator Craig Estes. Thanks of course to Senator Charles Perry the Senate sponsor for HB 1819.

HB1819 has now been signed by Governor Abbott and takes effect September 1. We may have a wait to purchase a suppressor, but we will purchase the Mossberg 590 Shockwave and other similar firearms after September 1.

HB1819 Bill History with Co-Author’s List

Governor Signed (5/26/2017)  Effective Date 9/1/2017 for Texas law but we wait on Congress!

Online LTC Course Option

(HB3784 by Representative Justin Holland (R-Rockwall and Senator Van Taylor (R-Plano))

Creates an optional online course for the Texas LTC. The shooting portion must be done with a DPS certified instructor.

Governor signed (6/15/2017)  Effective Date 9/1/2017

Church Volunteer Security

Relating to the exemption from the application of the Private Security Act of certain persons who provide security services on a volunteer basis at a place of religious worship.

The original bill didn’t pass but was successfully amended to SB2065 by Senator Kelly Hancock (R-N. Richland Hills)

Governor signed (6/15/2017)  Effective Date 9/1/2017

Primary and Secondary Teachers and School Parking Lot

The language of HB1692 by Representative Cole Hefner (R-Mount Pleasant) Relating to the transportation and storage of a handgun or other firearm and ammunition by a license holder in a motor vehicle in a parking area of a primary or secondary school.

This legislation protects the jobs of hard-working primary and secondary teachers with an LTC. This group was not previously covered by the employer parking lot bill from years ago.

Neither the House Bill nor the Senate bill passed, but the language was amended.

Representative Hefner successfully amended his language to SB1566 by Senator Lois Kolkhorst (R-Brenham).

Governor signed  (6/15/2017)  Effective Date 9/1/2017

Legalize the Bowie Knife

HB1935 by Representative John Frullo/Senator John Whitmire eliminates daggers, dirks, stilettos, poniards, swords, spears, and Bowie knives from Texas law, allowing them to be carried in Texas. Governor signed (6/15/2017)  Effective Date 9/1/2017

LTC Range Qualifications and Veterans

SB138 by Senator Van Taylor/Representative Morgan Meyer to exempt certain military veterans and active duty service members with military range qualifications from the state required range portion of the LTC course. SB138 passed as an amendment to HB3784 Effective Date 9/1/2017

Big News on Big Knives Coming September 1

Can I Legally Shoot Someone If I’m Defending a Statue?

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Grant cavalry statue

 

A viral social-media post is suggesting that it may be okay to shoot someone to defend a statue. Our Independent Program Attorneys beg to differ.

Here is U.S. & Texas LawShield® Independent Attorney Edwin Walker’s response:

defend statue
Independent Program Attorney Edwin Walker

Texas LawShield recently became aware of a viral Facebook post telling people they can shoot someone vandalizing a statute.

Based on recent events, we understand the importance of knowing whether or not this is valid legal information.

It appears this viral story started as a blog post that reported on one individual’s opinion on the use of force and/or deadly force to protect public property.

The position advocated by the Facebook post cited in the blog is not a very good idea.

The defense of property justifications (TPC 9.41, 9.42, and 9.43) are all based upon the finding that the person’s conduct was based upon a “reasonable belief” that the use of force is “immediately necessary” to prevent the harm to property.

With regard to deadly force, it can only be used if the person “reasonably believes that … the land or property cannot be protected or recovered by ANY other means.”

This presents a lot of room for a jury to find that someone was unreasonable in using force or deadly force to defend against an act of criminal mischief.

Further, deadly force can never be used in response to the crime of criminal mischief in the daytime.

Many people who have commented on this post have posed a “…but what if they come at me…” scenario.

It is true that the circumstances that allow for the use of force and/or deadly force can change instantly. If a person is simply trying to stop a vandal by shouting at him or calling the police, and as a result the vandal attempts to attack the person, then the person being attacked would be justified in using force and may even escalate to deadly force to defend themselves if they have a reasonable belief that they are going to be murdered.

However, if a person were to physically intervene to stop a vandal (any offensive, unwanted, or injurious touching is an assault) and then were to be physically assaulted themselves, the issue that a jury would have to decide is whether or not the person had disqualified themselves from claiming self-defense because of their initial “assault” on the vandal.

Needless to say, this is a very complex issue and should not have been addressed by anyone in a cavalier manner.

It is unfortunate that civilized behavior in our society has devolved to such a state that it is even necessary to consider these issues.

 

To learn more, we invite Members and guests to attend seminars and workshops presented by experienced attorneys as they discuss laws regarding the legal use of force and legal use of deadly force. To stay on the right side of the law, it is critical you stay current on any legal changes. Don’t miss this opportunity. Click Gun Law Seminar to find out more. 

 

The Law of Self-Defense Explained

 

If Someone Threatens to Kill You, Can You Legally Respond?

D.C. Appeals Court Strikes Down ‘Good Reason’ Licensing Scheme

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“Unconstitutional” is what a federal appeals court has ruled on the D.C. gun law that says people must show “good reason” to have concealed handgun permits.

The Second Amendment is sufficient reason itself to issue permits, according to the 2-1 ruling released Tuesday July 25, by the U.S. Court of Appeals for the D.C. Circuit.

“In fact, the Amendment’s core at a minimum shields the typically situated citizen’s ability to carry common arms generally,” wrote Judge Thomas B. Griffith in the ruling on the case Wrenn v. District of Columbia.

Subsequently, the appeals court instructed lower courts to block the D.C. law with permanent injunctions. City officials indicated they’re exploring an appeal, while gun-control groups claim the ruling shrinks public safety in the nation’s capital.

D.C. gun laws are among the strictest in the U.S., but they’ve also faced several legal challenges in the last few years, said Kirk Evans, President of U.S. & Texas LawShield.

Evans noted that one landmark pro-gun victory was District of Columbia v. Heller in 2008 in which the U.S. Supreme Court—voting 5 to 4—struck down D.C.’s ban on handguns. Then, in 2014, another federal court prevented a proposed ban on carrying guns in public.

The D.C. Council—the enclave’s municipal government—responded by creating the “good reason” rule, which only issued permits to citizens who could prove they faced legitimate threats, Evans said.

“Simply residing in one of the District’s high-crime neighborhoods was not considered ‘good reason,’” Evans said. “This was not unnoticed by at least one member of Congress who complained colleagues were unarmed when a gunman shot up their ball practice in June.”

But, according to the appeals court’s decision, the “good reason” rule negated what the Supreme Court decided in Heller.

“The District’s good-reason law is necessarily a total ban on exercises of that constitutional right for most D.C. residents,” Judge Griffith wrote. “That’s enough to sink this law under (Heller).

Second Amendment advocates praised the latest ruling, including Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation (SAF).

He said the ruling “contains some powerful language that affirms what we’ve argued for many years, that requiring a so-called ‘good-cause’ to exercise a constitutionally-protected right does not pass the legal smell test.”

Gottlieb added, “We are particularly pleased that the opinion makes it clear that the Second Amendment’s core generally covers carrying in public for self-defense.”

In the days after the ruling it was too early to tell how far the case would rise through the appeals process. The Supreme Court in June declined to consider another Second Amendment case, Peruta v. California, in which the 9th U.S. Circuit Court of Appeals agreed with a San Diego County law requiring gun owners to prove they have “good cause” to apply for concealed carry permits.

But Gottlieb said the latest victory in D.C. spurs confidence among Second Amendment advocates.

“To say we are delighted with the ruling would be an understatement,” Gottlieb said. “We are simply more encouraged to keep fighting, winning firearms freedom one lawsuit at a time.” — Bill Miller, Contributor, Texas & U.S. Law Shield blog

 

 

Check out these other great articles from U.S. Law Shield and click here to become a member:

 

The “purple paint law” became official in Texas on September 1, 1997. The law doesn’t appear to be common knowledge for every hunter in the Lone Star State, even though Texas hunting regulations describe it.
Can your employer restrict your ability to carry firearms at the workplace? Click to watch Emily Taylor, Independent Program Attorney with Walker & Byington, explain that in Texas, employers call the shots regarding workplace self-defense.
In this excerpt from a U.S. Law Shield News live report, watch Emily Taylor, independent program attorney with Walker & Byington, discuss the ground rules for carrying firearms into restaurants and bars. Click the video below to find out the significant differences between blue signs and red signs in Texas establishments, and how getting those colors crossed up could lead to some orange jumpsuit time.   If you would like to see these reports live on Facebook, click here to join the Texas Law Shield Facebook page and sign up for live notifications.

National Legal Update: Hearing Protection Act Rolling Into Bigger Bill

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The Hearing Protection Act has been attached to the SHARE Act, a sportsman’s omnibus bill with a lot of pro-gun features. Among those features, the SHARE Act (Sportsmen’s Heritage and Recreational Enhancement Act) would do the following:

  1. Moves silencers/suppressors from Title II to Title I status.
  2. Enhances the Firearms Owners Protection Act (FOPA) language to include travel by means other than vehicles.
  3. Creates remedies against states that violate the safe travel provisions, including a cause of action and attorneys fees.
  4. Eliminates the sporting-purposes language from the Gun Control Act of 1968 and the law on armor-piercing ammunition.
  5. Creates a blanket exception for shotguns to prevent arbitrary reclassification as destructive devices.

“The Hearing Protection Act has been one of the most important bills for sportsmen and women this Congress, which is why it’s common sense for it to be included in this year’s sportsman’s legislative package,” Rep. Jeff Duncan (R-S.C.) Duncan, the bill’s sponsor, told POLITICO. “By changing the outdated regulation of suppressors to an instant background check, just like the requirements to purchase a typical firearm, I hope the sportsmen and women in the United States will have greater access to noise reduction technology as they carry the hunting and recreational shooting tradition to future generations.”

“If this bill passes,” said Texas & U.S. Law Shield Independent Program Attorney Michele Byington, “it will make suppressors Title I items like firearms—that is, not National Firearms Act devices—which means they will become more common and more widely transported. However, at least 10 states will likely ban suppressors even if this becomes law. About the same number of states have some kind of restriction on ammunition-feeding devices, also known as magazines. FOPA safe travel won’t do us much good if gun owners can still be arrested for magazines and accessories.”

“Attaching the HPA to a bill that should be easier to pass suggests that Congressional Republicans may have become serious about actually passing this,” she said. “Passing this bill would be a big win.” —Texas & U.S. Law Shield Staff

 

 

Check out these other great articles from U.S. Law Shield and click here to become a member:

 

The “purple paint law” became official in Texas on September 1, 1997. The law doesn’t appear to be common knowledge for every hunter in the Lone Star State, even though Texas hunting regulations describe it.
Can your employer restrict your ability to carry firearms at the workplace? Click to watch Emily Taylor, Independent Program Attorney with Walker & Byington, explain that in Texas, employers call the shots regarding workplace self-defense.
In this excerpt from a U.S. Law Shield News live report, watch Emily Taylor, independent program attorney with Walker & Byington, discuss the ground rules for carrying firearms into restaurants and bars. Click the video below to find out the significant differences between blue signs and red signs in Texas establishments, and how getting those colors crossed up could lead to some orange jumpsuit time.   If you would like to see these reports live on Facebook, click here to join the Texas Law Shield Facebook page and sign up for live notifications.

Rotary Turns 180 Degrees on Restrictive Firearm Policies

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UPDATE: Rotary Club International changes policies at request of 2nd Amendment member-supporters.

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Source: NRA-ILA

In March, we reported on a series of restrictive policies governing firearms that had been approved by the governing body of the well-known networking and service club, Rotary International. This week came a welcome turn of events, as the club’s board of directors announced that the rules, which had been set to take effect July 1, have undergone substantial “clarification.”

The policies as originally announced in January had banned any Rotary entity — including clubs and districts — from selling, raffling, or transferring firearms. It also banned these entities from participating in activities where any sort of firearm raffle or other transfer occurs, whether or not Rotary is the owner of the items. Rotary entities were additionally prohibited from sponsoring or conducting gun shows or other exhibitions involving guns and even from “accept[ing] sponsorship from any entity whose primary business is the sale or manufacturer of guns, weapons or other armaments.

Rotary’s board of directors had cited “financial and reputational risk” as justification for the rules.  

A number of Rotary’s American members, however, spoke out in opposition to the new rules. Fortunately, their voices were heard, and Rotary announced changes to the rules this week.

Under the revised guidelines, Rotary entities are expressly authorized to “participate in activities involving the sale, give-away or transfer, including raffles, of guns, weapons or other armaments ….” The entity, however, must not “take ownership of the item(s)” and any transfer of ownership of a firearm must be “handled by a licensed third party in compliance with all applicable laws.” 

Entities engaging in activities that involve firearms, including sport shooting activities, are further required “to consult with legal and/or insurance professionals to ensure that they are adequately protected.”

The ban on sponsorship of Rotary activities by firearm-related companies was also lifted.

An email announcing the changes said they were made “in response to comments from our members….”

The NRA is very pleased that Rotary has reconsidered its position and will continue to allow its entities to conduct these popular events. It speaks well of the club that it was willing to chart a more moderate path in response to member concerns.

Campus Carry — Very Safe, Despite Worries from Anti-Gunners

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By: John R. Lott Jr., Ph.D.

My recent op-ed in The Hill newspaper points out that while professors seem to be very concerned about allowing permitted concealed handguns on college campuses, their actions don’t match their rhetoric. While a professor’s resignation at the University of Kansas gets national news attention, for example, only one out of 2,600 faculty members has left his or her post at the school.

In my column, I point out that permit holders across the country have an astoundingly low rate of criminality — even lower than police officers. Permits have been revoked for firearms-related violations at rates of thousandths of one percentage point. Civilian permit holders are less likely than police officers to be convicted of a firearms violation. So, many academics’ worries about the potential for shoot-outs on campuses are overblown, if you just consider the data.

For instance, a Crime Prevention Research Center study shows that from January 1, 2005, through December 31, 2007, the yearly rate of misdemeanors and felonies by full-time police officers was .102 percent. The annual rate for Texas’ concealed-carry permit holders in the year 2015, the year campus carry was signed into law in that state, was .0102 percent, or one-tenth the rate of LE violations.

Also, from January 1, 2005, through December 31, 2007, the yearly rate for firearms violations was .017 percent. The annual rate for Texas’ concealed-carry permit holders in 2015 was .0024 percent.

In the column, I argue the purported danger in campus carry has not materialized, even though campus carry has been in effect in some states for 14 years—it became law in Colorado in 2003 and in Utah in 2004, and has become law in numerous other states since then, including Arkansas and Georgia this year. That’s enough time and enough data to have at least noticed a spike in campus criminality by concealed-carry license holders if it had happened.  —Texas & U.S. Law Shield Contributor Dr. John Lott, Jr.

John R. Lott Jr., Ph.D. is the president of the Crime Prevention Research Center and the author most recently of “The War on Guns” (Regnery, 2016).

 

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