Tag Archives: Gun Control

Ninth Circuit Panel Upholds Ruling Against California ‘High Capacity’ Magazine Ban

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A three-judge panel from the United States Circuit Court of Appeals for the Ninth Circuit upheld a June 29, 2017, ruling a against California’s “high capacity” magazine ban.

On June 29, 2017, Breitbart News reported that U.S. District Judge Roger Benitez blocked the ban to prevent law-abiding citizens from being criminalized. ABC News quoted from Benitez’s ruling, “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property.”

The “high capacity” magazine ban was the result of a Proposition passed by the majority of California voters, but Benitez said, “The constitution is a shield from the tyranny of the majority.”

The state of California appealed Benitez ruling and on July 17, 2018, a panel from the Ninth Circuit upheld the ruling.

The panel voted 2 to 1, and the NRA-ILA reports that the two judges who voted to uphold the ruling “chided the dissenting judge for substituting his own discretion for that of Judge Benitez, who had the primary responsibility to evaluate and weigh the evidence in the case.”

The state of California can now appeal the case for the Ninth Circuit to hear en banc. 

Source: By AWR Hawkins | Breitbart

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NJ Governor Pitches 2,400% Tax Increase On Firearms

New Jersey’s Democratic Governor Phil Murphy is floating a plan to increase taxes on buying and selling guns by up to 2,400%, according to guns.com.

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Murphy estimates that the state will take in an additional $2 million in revenue from the tax, which would include raising handgun purchase permits from $2 to $50, and firearms ID cards required to own a gun or buy ammunition from $5 to $100. Permits to carry a handgun would skyrocket from $50 to $400.

In comparison, neighboring Delaware and Pennsylvania charge fees for carrying of $65 and $20 respectively. 

Such taxes, of course, would disproportionately affect the poor – as rich gun owners can simply pay up for personal protection. Given that the average salary of a New Jersey armed security officer is $19.42 an hour, Murphy’s plan puts those who need to carry for their jobs under increased financial burden. 

In a public signing ceremony for a six-pack of gun control measures last week, Murphy slammed what he characterized as the low fees of firearm licensing in New Jersey. “We must please responsibly increase the fees for gun licenses and handgun permits,” he said. “It’s long past time we did this. The last time these fees were increased was 1966.Guns

Gun dealers would also be affected by the change – with the cost of retail licenses to increase 10-fold from $50 to $500, while manufacturer licenses would jump from $150 to $1,500. The ATF charges similar fees of $200 and $150 respectively. 

Murphy has rolled back several pro-gun reforms backed by the outgoing Chris Christie (R) administration, while shutting out Second Amendment groups and repeatedly blaming the gun lobby for the state’s violent crime. He’s also appointed a “gun czar,” attorney Bill Castner.

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“Bill Castner will play an active role in enhancing the coalition and will help our administration to advance new common-sense gun measures and potential avenues for legal challenges to stop the scourge of gun violence,” said Murphy, adding “Leading the force for gun violence protection to build safer communities and protect families at the state level is of the utmost importance, and I am confident that Bill will generate ideas and solutions that will save lives.”

Murphy’s attorney general last week warned a number of gun parts makers they could face civil action for selling unfinished lowers and frames in the state and has been ordered by Murphy to publish a running “shame” list of firearm trace data. –Guns

So for those living in New Jersey and other states with high taxes on guns; the 2nd Amendment gives you the right to bear arms, if you’re rich enough to pay for it.

Source: ZeroHedge

Judge Blocks “Assault Weapons” Ban From Going Into Effect In Illinois Town

A circuit court judge in Lake County, Illinois granted an injunction Tuesday that blocked the Chicago suburb of Deerfield from enforcing a ban on so-called “assault weapons.”

The injunction was granted 24 hours before that ban was to go into effect.

According to a press statement, the Second Amendment Foundation, the Illinois State Rifle Association and Deerfield resident Daniel Easterday filed a lawsuit against the local prohibition on the basis that it violates the state’s preemption law that was adopted in 2013.

The law amended the state statute to say, “the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid…”

Following the passage of the law, Illinois municipalities had a period of time in which to alter or adopt their gun laws, and Deerfield argued its ban was simply an amendment to prior ordinance that regulated firearms and became the first municipality to ban assault weapons following the Parkland high school shooting.

If the ban went into effect, any person found to have what the city government considered to be an “assault weapon” after Wednesday, July 13, would have faced a penalty of up to $1,000 per day.

“We moved swiftly to challenge this gun ban because it flew in the face of state law,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The village tried to disguise its extremism as an amendment to an existing ordinance. The ordinance bans possession of legally-owned semi-auto firearms, with no exception for guns previously owned, or any provision for self-defense.”

“Worse, still,” he added, “the ordinance also provided for confiscation and destruction of such firearms and their original capacity magazines. It was outrageous that the ban would levy fines of up to $1,000 a day against anyone who refused to turn in their gun and magazines or move them out of the village.

This certainly puts the lie to claims by anti-gunners that “nobody is coming to take your guns.”

Source: ZeroHedge

Kent State Gun Girl Challenges David Hogg To An Arm Wrestle For The 2A

‘If I win, we get to keep the 2nd amendment. If you win, we turn in our guns. Deal?’

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Kent State graduate Kaitlin Bennett called out anti-gun activist David Hogg on Twitter Sunday, challenging him to an arm wrestling competition to decide the fate of The Second Amendment.

Bennet was pushed into the public spotlight when her graduation photo went viral because she posed with her AR-10 rifle and a graduation cap reading, “Come and take it.”

Hogg has yet to respond to Bennet’s challenge and has announced a nationwide gun control tour featuring 70 stops in 20 states.

Continuing to troll Hogg, Bennet posted a picture of him and assured her followers, “It’s alright guys, the 2nd amendment is safe.”

Source: Infowars

Beware Of CA Gun Laws: Bakersfield man arrested after registering his AR-15

https://reclaimourrepublic.files.wordpress.com/2016/06/gun-control-why.jpg?w=640There are some questions I have about this arrest that are not answered in this report. And I’m not having any luck finding more information about this arrest on the internet.

Suffice it to say, if you are a gun owner in California you are in for a world of hurt and confusion. And you are required to soon register your “assault weapons” with the state.

According to the book, “California Gun Laws: A Guide to State and Federal Firearm Regulations (Fifth Edition),” the laws in that state are rapidly changing. From author C.D. Michel’s book:

“Updated to cover all the new laws passed during the 2017 California legislative session, the Fifth Edition of California Gun Laws: A Guide to State and Federal Firearm Regulations explores, explains, and summarizes all the new and existing federal and state laws that will affect California gun owners in 2018, including the new regulations for “assault weapon” registration. The Fifth Edition also contains brand new sections that discuss the legality of gun trusts and “bump stocks,” and it contains a number of technical revisions, case updates, and expanded explanations of the law. In this long awaited update to the most comprehensive legal guide to California’s firearm laws, renowned firearms lawyer C.D. Michel draws on over twenty years of experience to educate gun owners about California’s complex firearms laws and the potential legal “traps” into which firearm owners often unintentionally fall.

There are over 800 California state statutes regulating the manufacture, distribution, sale, possession, and use of firearms. There are thousands of overlapping federal laws regulating firearms that apply in California. And there are hundreds of administrative regulations, local ordinances, and California Department of Justice written and unwritten policies that also apply. With all of the overlapping regulations, it’s no wonder that confusion runs rampant among California gun owners, police, prosecutors, and judges. The Fifth Edition was written to dispel that confusion and equip you with the tools and updates you need to avoid mistaken arrests and prosecutions.”

KGET reports that on Thursday, May 17th, the District Attorney’s office filed a dozen felony gun charges against a member of a prominent farming family.

The California Department of Justice raided Jeffrey Scott Kirschenmann’s home in Bakersfield last month, after he tried to register an illegally modified gun online through the state’s website.

What they found in his home, led to the DA filing charges: a dozen guns, 230 rounds of ammunition and two silencers, which they seized.

Records from the Secretary of State’s office list Kirschenmann as the CEO of Scott Kirschenmann Farms, Inc. — with the same lamont mailing address as Kirschenmann Farms, Inc. — the local grower known for its potatoes used by Frito Lay to make chips.

Kirschenmann is out on $150,000 bail, accused of 12 felonies for possessing assault rifles, silencers and a multi-burst trigger activator. 

We went to Kirschenmann’s home Thursday afternoon to speak with him about the case, but there was no answer.

According to court documents, the DOJ began investigating Kirschenmann when he electronically submitted photos of an illegally modified AR-15-style firearm.

Retired KCSO Commander Joe Pilkington is a court recognized firearms expert. He could not speak directly to Kirschenmann’s case but says the laws are changing so frequently, it’s often hard to keep up with the latest regulations.

“Just in the last few years, there have been lots of changes in gun laws,” he said. “Making an effort, a good faith effort to comply with these really complicated laws, should count for something.”

A new state law requires assault-style weapons be registered by the end of June. 

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Pilkington recommends anyone who isn’t sure about the process go through a federally licensed firearms dealer. “There is this self-registration application on the Department of Justice website, but it may be better to talk to an FFL. Someone who has a license, to talk through whatever these complications are.”

Kirschenmann is scheduled to appear in court Monday. (This article was dated May 17th and I couldn’t find any information about what happened to Mr. Kirschenmann’s scheduled court appearance.)

Source: Fellowship Of The Minds

INDIANA SCHOOL SHOOTING: Student counted 16 shots (video)

NOBLESVILLE, Ind. (AP) — The Latest on a possible shooting at an Indiana middle school (all times local):

https://i1.wp.com/media.graytvinc.com/images/690*388/NE-002FR_CNNA-ST1-100000000497eadf-320x180_700k-1-thumb.jpgSuspect in custody after middle school shooting in Noblesville, Indiana

An eighth-grader says he counted 16 gunshots inside his suburban Indianapolis middle school during a shooting that authorities say left a student and a teacher injured.

Thirteen-year-old Chris Navarro says he was in an auditorium at Noblesville West Middle School when he heard the shots Friday morning about a minute before the bell rang for the change in classes. He says a lockdown was immediately announced over the school’s speaker. He rushed into a small room with three other people to hide.

Navarro spoke as he was reunited with his parents outside Noblesville High School, where the middle school students were bused after the shooting.

The teacher and student who were wounded in the attack were taken to hospitals in Indianapolis. The severity of their injuries is unknown.

Authorities say a male student at the school is in custody as the suspected shooter.

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A male student opened fire at a suburban Indianapolis middle school Friday morning, wounding another student and a teacher before being taken into custody, authorities said.

The attack at Noblesville West Middle School happened around 9 a.m., police Chief Kevin Jowitt said at a news conference. He said investigators believe the suspect acted alone, though he didn’t release the boy’s name or the names of the victims, who were taken to hospitals in Indianapolis.

Indiana University Health spokeswoman Danielle Sirilla said the teacher was taken to IU Health Methodist Hospital and the wounded student was taken to Riley Hospital for Children. She didn’t know the seriousness of their injuries.

After the attack, students were bused to the Noblesville High School gym, where their families could retrieve them.

Erica Higgins, who was among the worried parents who rushed to get their kids, told WTHR-TV that she learned of the shooting from a relative who called her at home.

“I just want to get my arms around my boy,” she said.

Higgins said her son was shaken up but knew little about what happened.

“I got a ‘Mom, I’m scared’ text message and other than that, it was ‘come get me at the high school,'” Higgins said.

Gov. Eric Holcomb, who was returning from a trip to Europe on Friday, issued a statement saying he and other state leaders were getting updates about the situation and that 100 state police officers had been made available to work with local law enforcement.

“Our thoughts are with all those affected by this horrible situation,” Holcomb said.

Noblesville, which is about 20 miles (32 kilometers) northeast of Indianapolis, is home to about 50,000 people. The middle school has about 1,300 students from grades 6-8. The school’s academic year was scheduled to end next Friday.

The attack comes a week after an attack at a high school in Santa Fe, Texas, that killed eight students and two teachers, and months after the school attack that killed 17 people in Parkland, Florida. The Florida attack inspired students from that school and others throughout the country to call for more restrictions on access to guns.

Indiana’s Senate Democrats issued a statement in response to Friday’s school shooting expressing their condolences to the victims and calling for steps to prevent such shootings, including restrictions on guns.

Source: by Rick Callahan | KCRG