Archive for the ‘Second Amendment’ Category

Church gives away AR-15 in raffle to celebrate Independence Day – WFXL FOX 31

JOHNSON CITY, Tenn. (WCYB) A Johnson City church gained quite a bit of attention after announcing it was giving away an AR-15 to celebrate Independence Day.

Todd Holmes, pastor of The River of Tri-Cities Church, said the giveaway was in honor of the U.S. Constitution and the Second Amendment.

Holmes believes the church is taking appropriate precautions by making sure the winner passes a background check.

"I know what our rights are as citizens of the United States and I know what are rights are as citizens of Heaven also, and I'm not an American nationalist or whatever people want to try to label me as," Holmes said. "I'm a Christian and I happen to own firearms and I like to be able to have them. I like them for hunting. I like them for self-defense and so that's the reason we are doing what we are doing."

The church has had several raffles in the past, giving away cars, boats, and tickets to NASCAR events.

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Church gives away AR-15 in raffle to celebrate Independence Day - WFXL FOX 31

Could medical cannabis users lose their Second Amendment rights? | – 1819 News

After President Joe Biden's son, Hunter Biden, was convicted of three federal gun charges for lying about his drug use on an official form, people on both sides of the political aisle were concerned about how the ruling might impact Second Amendment rights.

Former Mobile County Commissioner Stephen Nodine was sentenced to 15 months in jail in 2010 on similar charges when he admitted to recreational marijuana use while in possession of a firearm. Unlike Hunter Biden, who filled out a form, Nodine said he was unaware of a law that could bar him from owning a gun for what he described as occasional pot use.

Even with more states legalizing cannabis and Alabamas efforts to create a medical marijuana market, cannabis is still a Schedule I substance under the Controlled Substances Act, meaning its illegal federally the same as heroin and other hard drugs.

Nodine and others have pointed out that the conflict between state and federal laws could unknowingly make criminals of otherwise law-abiding gun owners.

"Now that marijuana is legal in 27 states, what are you going to do? You going to go prosecute all the people with guns?" Nodine told 1819 News. "It's a law that is certainly intended for bad felons who have in their possession firearms. I don't think it was meant for every day addicted drug users because we'd be locking up everybody, or a large percent of those."

Vince Schilleci, chief legal officer of dispensary license awardee CCS of Alabama, said the state-federal tension has already led to competing court rulings. He gave the example of U.S. vs. Harrison, where Oklahoma resident Jarad Michael Harrison was indicted in 2022 for possessing a firearm while being an unlawful cannabis user in violation of 18. U.S.Code Section 922(g)(3). The federal district judge in that case ultimately held that Harrison's mere status as a user of marijuana was insufficient to infringe on his right to bear arms.

RELATED: Marijuana experts slam companies suing AMCC for delaying medical cannabis program 'The system is being hijacked'

However, in U.S. vs. Bird, a case with facts similar to Harrisons, Schilleci said a federal judge upheld 18. U.S.C. Section 922(g)(3), finding the defendant, Ethan Blue Bird, could be prosecuted for possession of a gun while being an illegal marijuana user.

I believe in both cases, neither of the defendants possessed a valid medical cannabis card, Schilleci told 1819 News in an email. Things get even more squirrely when you review the FBI Memo from 2019 discussing 922(g)(3). Per the memo, possessing a medical cannabis card alone is enough to establish an inference of use. However, a medical cannabis license holder (i.e., integrated, dispensary, cultivator, processor, secured transport and testing) would not disqualify an individual under 922(g)(3).

Lets take it even further, he continued. Suppose I have surgery and Im prescribed an opioid (like Percocet or OxyContin). I dont believe that the prescription would prohibit me from purchasing a gun. If thats the case, why should medical cannabis used to treat qualifying conditions be any different?

In a previous interview, Marshall County Sheriff Phil Sims told 1819 News he was less concerned with federal regulations than with what his deputies would have to deal with if and when medical cannabis hits dispensary shelves in Alabama.

"People say, 'Well, it's against federal law.' Well, it may be. Get me a federal agent down here to do the arrest and see how that works out. You aren't going to get one," he said.

Schilleci said the simplest solution to the legal confusion would be to reschedule marijuana, like President Joe Biden has hinted at doing since he asked federal agencies to look into the issue in October 2022.

This is why rescheduling is so important, Schilleci said. Whenever you have patchwork laws, unintended consequences emerge, and the wrong regulators can take advantage.

To connect with the story's author or comment, email daniel.taylor@1819news.com or find him on Twitter and Facebook.

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Could medical cannabis users lose their Second Amendment rights? | - 1819 News

Jefferson Said ‘Beauty of 2nd Amendment’ Is It’s Not Needed ‘Until They Try To Take It’? – Snopes.com

Claim:

Thomas Jefferson said, "The beauty of the Second Amendment is that it will not be needed until they try to take it."

In June 2024, Snopes received an email from a reader asking abouta quote purportedly originating from Founding Father and third U.S. president, Thomas Jefferson. The reader's email displayed a quote meme posted on X by @SunIslandMusic in November 2023 claiming Jefferson once said, "The beauty of the Second Amendment is that it will not be needed until they try to take it." The meme displayed a watermark for an online user with the handle @ChristiChat.

A June 2024 search of Facebook and X found numerous usersrecentlyrepostingthe samequotewith Jefferson's name.Former U.S. Rep. Madison Cawthorn also reposted the quote on X in 2021, at a time when he was serving the state of North Carolina's11th Congressional District.

However,no documentary evidence exists of Jefferson saying or writing the words in the quote.

On Oct. 14, 2010, Anna Berkes,a manager for public services and collections development with the Thomas Jefferson Foundation, published a page about the quote on the foundation's website,Monticello.org. Berkes wrote, "We currently have no evidence that Thomas Jefferson said or wrote, 'The beauty of the Second Amendment is that it will not be needed until they try to take it' or any of its listed variations."

The only variation of the quote Berkes mentioned on the page read, "The people will not understand the importance of the Second Amendment until it is too late." We located other similar variations in several sources but none of them credibly linked the quote to Jefferson.

The oldest mention of the exact quote in a search performed on the newspaper-archiving website Newspapers.com displayed a result from 1994 in the South Carolina newspaper The Greenville News.

OnApril 12, 1994, The Greenville News printed a letter from a reader named Gregg Styles. At the end of his letter, Styles wrote, in part, "If the American people allow our Constitutionally protected freedoms to be stolen behind the disguise of a 'Crime Emergency,' we will live to regret it. The warning bell is ringing. To paraphrase Thomas Jefferson, 'The beauty of the Second Amendment is, it will not be needed until they try to take it.'"

In other words, it's possible the quote simply originated in a "letters from readers" newspaper column as a supposed paraphrase of an unknown and unconfirmed Jefferson writing. We were unsuccessful in our attempt to find a way to contact Styles.

For further reading, we previously published a report looking at another fake Jefferson quote about firearms. We also reported the factsbehind a popular meme about other purported quotes from three Founding Fathers Jefferson included andauthor Thomas Paine,titled, "Damn Those Pesky Facts."

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Jefferson Said 'Beauty of 2nd Amendment' Is It's Not Needed 'Until They Try To Take It'? - Snopes.com

BOB BARR: When It Comes To The Second Amendment, The More Things Change The More They Remain The Same – MDJOnline.com

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BOB BARR: When It Comes To The Second Amendment, The More Things Change The More They Remain The Same - MDJOnline.com

Craig DeLuz: What the Supreme Court’s Bump Stocks Ruling Means for the Second Amendment and Separation of … – National Center for Public Policy…

Today the U.S. Supreme Court struck down a federal rule banning bump stocks, ruling that a bump stock does not transform a firearm into an automatic weapon.

Project 21 Ambassador Craig DeLuz, a Second Amendment expert, discussed this case last week with NTD News Steve Lance, highlighting the implications that the decision would have both for the Second Amendment and separation of powers.

Craig DeLuz

On Capitol Report, Craig told Steve:

I think its an interesting decision for this reason: In this case, you have an administration thats decided that they are going to take something thats defined in statute and theyre going to try to redefine it in order to ban a firearm or a firearm part that they dont like.

Now when it comes to, for example, bump stocks: Not a lot of people own bump stocks. Not a lot of people are interested in owning bump stocks. So a lot of people decided, well were not even gonna really pay attention to that.

The problem with that is: What happens when you have an administration come along who starts to then say, well Im gonna redefine firearms or firearm parts that people do like? Right? Weve already allowed them to violate the separation of powers by trying to legislate from the executive branch. Believe it or not, the ATF does not get to make the law. They get to enforce the law.

I think thats probably the biggest part of what were going to be seeing in this decision. Its not just about the Second Amendment. Its a direct attack on the Second Amendment, but its really also about protecting the rest of the Constitution and separation of powers. I believe that this Supreme Court in particular recognizes the overreach that many in the executive branch at all levels of government sadly have undertaken.

The implication is going to be, number one, whether or not executive offices or executive departments have the ability to basically legislate from their departments. Part of it is going to be that.

The other part is going to be whether or not it is going to further the folks who dont support the Second Amendment in their belief that OK, so you have a right to keep and bear arms; you have the right to own a gun. But you dont have a right to the firearm parts that you want. You dont have a right to the gun that you want. You dont have a right to build your own firearm. You dont have a right to sell firearms.All of these things are now in question.

And theyre realizing that they cant take away the Second Amendment, but they can nibble away at all the things around the Second Amendment such that it becomes too cumbersome or too expensive to be able to exercise that right.

Theres always pressure on Congress to revisit the Second Amendment. The challenge is that most of the people who are applying that pressure, and most of the folks in Congress, have little to no understanding of firearms or firearms technology. So oftentimes what happens is that when they start to push solutions, those solutions dont actually solve the problem.

Thats also, quite frankly, been the issue in the courts. In many cases you have judges adjudicating over some of these court cases and they have very little understanding, once again, of firearm technology. For example, what is the definition of a gun? What is, in this case, a machine gun, when were talking about bump stocks? And when you look at the actual technology, you find out that in many cases the things that they are offering as solutions are not solutions.

Its smoke and mirrors. Its this Ive got to do something mentality.

And I always go back on that, and I always say, You know what? My car wont start, so I need to rotate the tires because, you know, Ive gotta do something.

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Craig DeLuz: What the Supreme Court's Bump Stocks Ruling Means for the Second Amendment and Separation of ... - National Center for Public Policy...