Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Tag Archives: Second Amendment

Another Victory in the War to Restore Gun Rights

This article first appeared at The McAlvany Intelligence Advisor on Tuesday, May 26, 2015: 

Seal of the District of Columbia.

In his decision to issue a temporary injunction against the District of Columbia and its police chief, Cathy Lanier, U.S. District Court Judge Frederick Scullin is closing the circle on the last resistors in the long war against guns. It should now be called “the war to restore the Second Amendment.”

Following the Supreme Court’s decision in Heller v. the District of Columbia in 2008 that “the Second Amendment guarantees an individual’s right to possess a firearm … for traditionally lawful purposes, such as self-defense within the home,” the ruling council in DC thought they’d found a way to restrict gun ownership: ban all guns everywhere in the District except inside the home.

That’s when the Second Amendment Foundation (SAF) sued the District in Palmer v. District of Columbia over that ban. The District did everything in its power to put off the day of judgment with appeals, motions to dismiss, clarifications, and other legal maneuvers. After five years of stalling, delaying, and dithering, however, U.S. District Court Judge Scullin ruled last July

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D.C. Loses Again in Second Amendment Case

This article first appeared online at TheNewAmerican.com on Monday, May 25, 2015:

English: Glock 23 pistol

Glock Model 23

 

U.S. District Court Judge Frederick Scullin issued a preliminary injunction May 18 against the District of Columbia and its Metropolitan Police Chief Cathy Lanier from enforcing a law that all but prohibits D.C. citizens from acquiring a concealed carry permit.

He was blunt in issuing the injunction, declaring that the district had deliberately and intentionally made the application process so onerous and difficult as to prevent ordinary citizens from exercising the rights the Second Amendment guarantees to keep and bear arms:

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Defense Department, Bloomberg Expand War on Guns

This article first appeared online at TheNewAmerican.com on Monday, May 18, 2015: 

In a lawsuit filed on May 6, the Second Amendment Foundation (SAF) complained that the Department of Defense violated the First Amendment in demanding that CAD (computer-aided design) files containing instructions to 3-D printers to print lower receivers of firearms be pre-approved. SAF is seeking a court declaration “that Defendants’ prepublication approval requirements for privately generated unclassified information, on its face … violates the First … Second … [and] Fifth Amendments to the United States Constitution.” The Second Amendment Foundation is bringing the lawsuit because Cody Wilson and his company, Defense Distributed (DD),

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National Reciprocity law: the Wrong way to do the Right Thing

This article first appeared at The McAlvany Intelligence Advisor on Monday, May 18, 2015: 

P-64 (pistol)

Member of the House of Representatives Marlin Stutzman (R-Ind.) has let his enthusiasm run away from his good sense. For the third time in a row he has offered a bill giving power to the federal government to force the states into granting nation-wide “reciprocity,” so that anyone with a concealed carry permit, or a resident of a “permitless” state, can carry anywhere he wants in the country without repercussions. An identical bill was presented in the Senate by Senator John Cornyn (R-Texas).

Stutzman explained why:

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Pressure Building to Pass National Concealed Carry Reciprocity Law

This article first appeared online at TheNewAmerican.com on Monday, May 18, 2015:

Official portrait of Congressman (R-IN).

Congressman Marlin Stutzman (R-IN)

 

In February when Representative Marlin Stutzman (R-Ind.) reintroduced his Constitutional Concealed Carry Reciprocity Act of 2015, Senator John Cornyn (R-Texas) introduced an identical one in the Senate. Stutzman touted his bill:

Americans enjoy a natural right to self-defense preserved by the Second Amendment. This federally guaranteed liberty should not be forfeited when state lines are crossed.

Unfortunately, this fundamental right has been under attack from the anti-gun lobby on both the federal and state levels. This bill preserves the right to keep and bear arms for law-abiding citizens while respecting the roles and responsibilities of state legislatures.

Promoters such as the pro-Second Amendment group Gun Owners of America (GOA) are urging their members to press for passage:

If you have a concealed carry permit — or if you come from a freedom-loving “constitutional carry” state that doesn’t require one! — you should be able to carry anywhere in the country without fear of losing your constitutional rights [just] because of where you are.

They go further to remind their members of what happened two years ago when Shaneen Allen, a Pennsylvania resident traveling by car in New Jersey, was stopped for a minor traffic violation. Thinking that her Pennsylvania concealed carry permit was valid in New Jersey, she

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Another Anti-Gun Politician Feels the Heat, Sees the Light

This article was first published at The McAlvany Intelligence Advisor on Monday, April 27, 2015:

Representative Everett Dirksen of Illinois

Former Senator Everett Dirksen of Illinois

 

Former Illinois Senator Everett Dirksen (1951-1969) was such a studied and careful elocutionist that he was called “The Wizard of Ooze.” Known for such aphorisms as “A billion here and a billion there, and pretty soon you’re talk about real money” and “I am a man of fixed and unbending principles, the first of which is to be flexible at all times,” his most famous one was this:

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Another Second Amendment Victory, This Time in Tennessee

This article first appeared online at TheNewAmerican.com on Monday, April 27, 2015: 

When Tennessee Governor Bill Haslam was mayor of Knoxville in 2009, he supported gun restrictions in city parks, but since then he has had a change of heart. On Friday he signed into law a bill that invalidated an older law prohibiting gun owners with permits from carrying concealed in parks across the state. 

Haslam is a living, breathing example of former Illinois Senator Everett Dirksen’s famous dictum:

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Texas Governor to Sign Open Carry Bill Shortly

This article first appeared online at TheNewAmerican.com on Monday, April 20, 2015: 

English: Seal of Texas House of Representatives

With passage of a bill allowing open carry by the Texas House of Representatives on Friday, 96-35, Texas will shortly join the lengthening list of states allowing its citizens to do so, while reducing to just five those states that don’t.

Governor Greg Abbott said he would sign any bill “that expands Second Amendment rights.”

Representative Larry Phillips declared, “It’s time to go ahead and take this next step. It’s time to join the ranks of states like Massachusetts … and allow our citizens to [enjoy] this right.”

An amendment to that bill allowing “campus carry” almost made it, but

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ATF Reports Sea-Change in Attitude Towards guns

This article was first published by The McAlvany Intelligence Advisor on Friday, April 10, 2015:

No wonder ATF head Todd Jones bailed. With the monumental failure of his “framework” proposal to ban the popular “green tip” ammo in the US, he saw little reason to stick around. Surely he must have known that his agency would have to report, reluctantly at the very least, the firearms manufacturers’ data that came out earlier this week: those gun makers produced 10 million guns in 2013 (the latest year for which the ATF has reliable data), twice the number they produced just three years earlier!

What the ATF is facing is a “sea-change” in Americans’ attitude towards guns, defined by Collins as “a seemingly magical change as brought about by the action of the sea.”

There’s nothing magical about it. The shift was perceptible back in 2004 when

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Gun Makers Produced 10 Million Firearms in 2013, a Doubling in Three Years

This article first appeared online at TheNewAmerican.com on Thursday, April 9, 2015:

ATF inspector at a federally licensed gun dealer

The release of the latest data from the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) showing that gun manufacturers doubled their output of handguns, rifles, and shotguns in the three years between 2010 and 2013 (the latest year for which data is available) caused both rejoicing and consternation among participants in the long war against guns.

In 2010, America’s firearms industry produced 5,460,000 guns while in 2013 that number jumped to 10,840,000. And this despite (or perhaps because of) pressure from the Obama administration to restrict gun ownership among law-abiding citizens. Efforts to impose new background checks, and ban “military-style assault weapons” and their “high-capacity” magazines all failed, even during years when Democrats controlled both houses of Congress.

The president, frustrated at his lack of success, moved to the use of his pen,

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O, the Irony! Sarah Brady Passes the Day after Kansas Adopts Permitless Carry law

This article first appeared at The McAlvany Intelligence Advisor on Monday, April 6, 2015:

Sam Brownback, U.S. Senator from Kansas.

Sam Brownback

Last Thursday Kansas Governor Sam Brownback signed into law a bill expanding Kansas’ permitless open carry laws to include concealed carry, adding Kansas to the ever-growing list of other states to do so.

Otherwise called “Constitutional carry” or “Vermont carry,” permitless carry satisfies most Second Amendment purists who believe that the phrase “…the right to keep and bear arms shall not be infringed” means exactly what it says: one doesn’t need permission to exercise a right.

For years Kansans have enjoyed the right to carry a firearm openly, without permission. But if a coat or a jacket covers it, or if one wishes to carry it in a purse or satchel, he would need to obtain a concealed carry permit from the state to do so. And so he will, until the new law becomes effective July 1.

At the moment, Kansas will join numerous other states with similar freedoms, including

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Kansas is the Next State to Allow Permitless Open Carry

This article first appeared online at TheNewAmerican.com on Monday, April 6, 2015: 

On April 2, Kansas Governor Sam Brownback signed a bill into law expanding the state’s permitless open-carry laws to include concealed carry. The concealed carry permitting process will remain in place for citizens who wish to travel to other reciprocity states where that concealed carry permit allows them to carry concealed there.

Chris Cox, executive director of the National Rifle Association (NRA), declared, “This new law is a common sense measure that allows law-abiding Kansans to exercise their fundamental right to self-protection in the manner that best suits their needs.”

Kansans already had the right to carry a firearm openly without a permit, but if that firearm was covered by a shirt or a jacket, or carried in a purse, the citizen would need a concealed carry permit. Effective July 1, no such permit will be necessary.

Last year, Kansas enacted a law

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It’s Not a Surrender but a Strategic Retreat

This article first appeared at The McAlvany Intelligence Advisor on Friday, April 3, 2015:

 

Some in the media called the announcement by the District of Columbia’s attorney general that he was dropping the appeal over Judge Frederick Scullin’s decision (see Palmer v. District of Columbia) a victory in the gun wars. Even the usually sensible Washington Times called it a “surrender,” headlining: “D.C. Surrenders to 2nd Amendment, Gives up ban on Carrying Guns in Public.”

To be generous, that is an overstatement. What Attorney General Karl Racine really announced was a strategic retreat. The war against guns remains active:

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D.C. Drops Appeal of Court Ruling Against Its Handgun Ban

This article first appeared online at TheNewAmerican.com on Thursday, April 2, 2015:

English: A sign in rural United States adverti...

The announcement on Wednesday by Washington, D.C.’s attorney general was no surrender but rather a strategic withdrawal. The district has decided not to press forward on its appeal of Judge Frederick Scullin’s ruling in Palmer v. District of Columbia last summer that the district’s total ban on handgun possession (except inside a home) was unequivocally unconstitutional. Wrote the judge:

In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.

The judge then remanded the district’s council to “adopt … a licensing mechanism consistent with constitutional standards to enable people to exercise their Second Amendment right to bear arms.”

Instead of continuing to press a battle they could not win, D.C.’s Attorney General Karl Racine said,

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The Cure for Political Insanity? Vote Them Out

This article first appeared at The McAlvany Intelligence Advisor on Monday, March 23, 2015:

English: Albert Einstein Français : portrait d...

Albert Einstein. the alleged author of the world’s most overused cliche

According to the slick, sophisticated, progressive Salon magazine, the oldest cliché in journalism is Albert Einstein’s definition of insanity. And there’s no proof that Einstein ever said any such thing! But if he had, it would certainly apply to Reps. Steve Israel and Eliot Engel.

Just days after the ATF came to its senses and decided that its proposed ban on “green tip” 5.56 M855 rifle ammunition was just a bridge too far, Israel unleashed a vitriolic barrage at the ATF, calling the decision “cowardly,” “reckless,” and a “cave-in” to the gun lobby. In his attack he dredged up old and long-discredited terms like “cop-killer” bullets and “armor-piercing” ammunition to round out his attack.

Facts don’t matter to Israel. In 38 years the FBI has not

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AG Holder Teaches Idaho Senator a Lesson

This article first appeared at The McAlvany Intelligence Advisor on Friday, March 20, 2015: 

Mike Crapo, the senior senator from Idaho, has been around the block more than once. Before being elected to the Senate in 1999, he served as the state’s representative in the House for three terms prior. Before that he served as a state senator, and the state senate president from 1988 to 1992.

It’s safe to say that he’s run into his share of thugs, criminals, and ideologues so that nothing that Eric Holder, soon to be former Attorney General, does would surprise him.

Last fall Crapo and four other senators wrote Holder a nice, polite letter asking him to please

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ATF Drops Proposed Ammo Ban; Agency’s Very Existence Threatened

This article appeared online at TheNewAmerican.com on Wednesday, March 11, 2015:

English: Badge of the Bureau of Alcohol, Tobac...

The groundswell of public and congressional opposition against the ATF’s proposed ban on 5.56 M855 rifle ammunition was so swift and strong that the agency announced on Tuesday that it was backing down. The Bureau of Alcohol, Tobacco, Firearms and Explosives was not only bombarded with more than 80,000 negative responses to its latest anti-Second Amendment maneuver, but it also was blasted in Congress, where 238 House members and 52 senators signed letters opposing the ammo ban. Not only that, but legislation has been introduced to abolish the agency.

One of those signing the letter of opposition in the House — the one circulated by Representative Bob Goodlatte (R-Va.) — was none other than the chairman of the House Appropriations Committee, Representative John Culberson (R-Texas). Culberson is a Tea Party favorite and no friend of the ATF, and his committee has jurisdiction over funding for the ATF.

Goodlatte was pleased that the ATF backed down: 

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ATF Backs Away from Ammo Ban, for the Moment

This article first appeared at The McAlvany Intelligence Advisor on Wednesday, March 11, 2015:

Bureau of Alcohol, Tobacco, Firearms and Explo...

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) headquarters in Washington, D.C.

The capitulation was stunning, even if it is only temporary. After bearing the brunt of a targeted campaign by pro-gun groups like the NRA, Gun Owners of America, and the Second Amendment Foundation that resulted in nearly uniformly bad press, letters of opposition from majorities in the House and the Senate, and more than 80,000 individual responses to its proposal to ban a popular rifle cartridge, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), posted on its website Tuesday afternoon the terms of its temporary surrender:

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ATF’s Ammo Ban Ignores Facts and Common Sense

This article first appeared online at TheNewAmerican.com on Monday, March 9, 2015:

English: Colt AR-15 A3 Tactical Carbine. Used ...

Colt AR-15

President Obama’s official mouthpiece, White House Press Secretary Josh Earnest, had scarcely uttered his support of the ATF’s pending ban on M855-type AR-15 “green tip” ammunition when much of his statement was exposed as lies and propaganda. Last Monday Earnest told reporters:

[The president] has long believed that there are some common-sense steps that we can take.… This seems to be an area where everyone should agree that if there are armor-piercing bullets available that can fit into easily-concealed weapons, that puts our law enforcement [officers] at considerably more risk.

But Obama’s “beliefs” have little to do with logic or history or experience or support from those law-enforcement officers the ATF’s measure is allegedly supposed to protect. It’s a belief, an ideology, with consequently little support coming from those involved in or closely related to law enforcement.

When asked if any law-enforcement officers had been killed or even wounded by the M855 round fired from a handgun, Milwaukee, Wisconsin, Sheriff David Clarke responded,

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Barely Half the House Opposes the ATF’s ammo ban

This article first appeared at The McAlvany Intelligence Advisor on Monday, March 9, 2015:

When the 114th Congress was sworn in in January, each member of the House took this oath:

I, (name of Member), do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

By failing to sign Rep. Bob Goodlatte’s letter to the chairman of the ATF, could one assume that a member of the House is violating his oath of office? After all,

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.