Archive for the ‘Second Amendment’ Category

Supreme Court declines to hear two Second Amendment cases – The Hill

The Supreme Court on Monday announced it would not hear two key cases surrounding the Second Amendment.

One case centered on Californias concealed-carry law that allows sheriffs to require individuals applying for concealed-carry permits to cite a need for the permit, such as feeling threatened, according to The Washington Post.

The second case dealt with the federal law that bans felons from possessing guns, according toCNN.

In the California case, gun-rights advocacy group the California Rifle and Pistol Association Foundation filed a brief seeking the courts opinion in the case, claiming that the California law could lead to a prohibition on carrying a gun outside the home for any reason.

Justices Clarence Thomas and Neil Gorsuch dissented from the majority, saying the Court should have taken the California case.

The Courts decision to deny certiorari in this case reflects a distressing trend: the treatment of the Second Amendment as a disfavored right, Thomas wrote in his dissent. For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense."

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Supreme Court declines to hear two Second Amendment cases - The Hill

‘For those of us who work in marbled halls the Second Amendment might seem antiquated’ – Washington Post

From Mondays opinion by Justice Clarence Thomas (joined by Justice Neil Gorsuch), dissenting from denial of certiorari in Peruta v. California:

For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it.

Agree with it or disagree, but it strikes me as a powerful articulation of its position. (The other seven justices declined to hear the case, and thus left open the question whether the Second Amendment secures a right of law-abiding adults to carry guns outside the home a subject on which lower courts continue to be split; Thomas and Gorsuch were urging the court to hear the case.)

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'For those of us who work in marbled halls the Second Amendment might seem antiquated' - Washington Post

Old Questions But No New Answers in the Philando Castile Verdict – The New Yorker

The cycle of lethal police violence, community outrage, and legal proceedings that yield no consequences came around again last Friday in St. Paul, Minnesota. A jury acquitted a police officer, Jeronimo Yanez, of all three chargesone count of second-degree manslaughter and two counts of dangerous discharge of a firearmarising from the shooting death, a year ago, of Philando Castile.

On Tuesday, four days after the verdict, Minnesota state investigators made public the dash-cam video from Yanezs car. Officer Yanez had said that he saw Castile drive by, thought he resembled a suspect in a robbery case, and decided to pull him over. In the video, the officer can be heard calmly telling Castile that his brake light is broken, and asking to see his license and registration. Castile then says, also calmly, Sir, I have to tell you I do have a firearm on me. Listening to the audio, it seems reasonable to assume that Castile is informing the officer that he has a weaponfor which he turned out to have a valid permitto avoid trouble rather than to court it. Still, Yanez is prompted to place his hand on his own gun, and shortly afterward he shouts, Dont pull it out! Castiles actions cannot be seen in the video, but he and his girlfriend, Diamond Reynolds, who was also in the car, along with her four-year-old daughter, tell Yanez that Castile isnt reaching for his gun; she later says that he was getting his identification from his wallet. Within seconds, the officer fires seven shots into the car. Two of the bullets hit Castile, who is heard to say, I wasnt reaching. He died half an hour later.

That video now serves as a tragic prequel to one that Reynolds live-streamed to Facebook, after the shooting, as she sat next to Castile in the front seat of his car. That videoan unnerving first-person testimony, in which she tells Yanez, with stunning composure, You killed my boyfriendwas viewed millions of times, and brought an inescapable notoriety to the case. Reynolds later told reporters that she and Castile had done nothing but what the police officer asked of us and added, of Castile, that nothing within his body language said kill me.

The decision in the Castile case differed from other, similar cases of police violence in that it highlighted a kind of divided heart of Second Amendment conservatism, at least with regard to race. David French, in National Review , called the decision a miscarriage of justice. He wrote, Castile was following Yanezs commands, and its simply false that the mere presence of a gun makes the encounter more dangerous for the police. It all depends on who possesses the gun. If hes a concealed-carry permit-holder, then hes in one of the most law-abiding demographics in America. Colion Noir, an African-American gun-rights activist who serves as the face of the N.R.A.s black-outreach campaign, also criticized the decision, writing in an online post that Yanezs mistakes cost Castile his life, and that covert racism is a real thing and is very dangerous. In the days after the shooting, the N.R.A. itself had offered only a tepid response, without mentioning Castiles name: The reports from Minnesota are troubling and must be thoroughly investigated. In the meantime, it is important for the NRA not to comment while the investigation is ongoing. Rest assured, the NRA will have more to say once all the facts are known. After Yanez was acquitted, it said nothing at all. Noir, in his post, also questioned whether Yanez would have had the same reaction had a white motorist identified himself as armed. The same might be asked of the N.R.A.s non-reaction to the verdict.

The Black Lives Matter movement emerged, fundamentally, as a response to the disparate valuation that we place upon human lives. That is why the rejoinder all lives matter misses the point. In the hours following last weeks shocking shooting of Representative Steve Scalise and three others, in Alexandria, Virginia, the broad outpouring of concern reminded us of how society responds when people whose lives it values are harmed. In that sentiment, media coverage of the shootings did not automatically focus on controversial statements that Scalise has made or votes he has cast. To do so at such a moment seemed unbefitting.

Responses to the deaths of unarmed victims of police violence, by contrast, routinely feature the victims failures, shortcomings, and oversights. We were told, for example, that Eric Garner, who died after police on Staten Island put him in a choke hold, had been arrested on numerous occasions for petty offenses. Representative Peter King, of New York, pointed to the factor of Garners physical unfitness. If he had not had asthma and a heart condition and was so obese, almost definitely he would not have died, King said. Imperfect victims, as feminists who fought for stronger rape laws a generation ago understood, become perfect excuses in an unequal judicial system.

Yet there was some feeling that the verdict in Philando Castiles death would be different from the decisions in similar cases that had preceded it. That thought hinged on a belief that his status as a lawfully licensed gun-owner, his long-standing employment as a cafeteria manager at an elementary school, and his general lack of serious missteps might exempt him from the idea that his death was his own fault. And, in fact, less blame was levelled in this case: Castile had been stopped by the police fifty times in the thirteen years before his death, but that record was widely interpreted as evidence of racial profiling rather than of personal culpability.

There was also an evidentiary reason to believe that this case might turn out differently. A second officer, Joseph Kauser, who arrived at the scene before the shooting, when Yanez called for support, and approached Castiles car with his fellow-officer, testified that Castile was relaxed and calm during his exchange with Yanez. Kauser said that he believed that Yanez had acted appropriately, but that he himself had not drawn his gun, and he testified that he had not felt threatened. In the end, however, the result was indistinguishable from those in previous cases. There were no appeals for a less vitriolic dialogue, no impermeable hope that this time things would change. There was simply the numb reckoning that well all go down this road again.

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Old Questions But No New Answers in the Philando Castile Verdict - The New Yorker

New Jersey Agrees to Lift Longstanding Ban on Stun Guns – New Brunswick Today


New Brunswick Today
New Jersey Agrees to Lift Longstanding Ban on Stun Guns
New Brunswick Today
TRENTON, NJFederal judge Michael A. Shipp issued an order stating that the state's ban on "stun guns" is an unconstitutional violation of the Second Amendment to the US Constitution, and should no longer be enforced by the state. The case, NJ Second ...

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New Jersey Agrees to Lift Longstanding Ban on Stun Guns - New Brunswick Today

Marty Daniel We Have a Pro-Second Amendment President: Now What? – Breitbart News

Yet despite things seemingly going our way, I cant help but keep asking myself one question: Now what?

What should we freedom lovers who believe so strongly in defending our Second Amendment rights do next? Should we rest on our laurels? Or should we continue to fight, while we have the numbers, to not only maintain the status quo but gain back some of the valuable ground weve lost over the years? I strongly believe its the latter, and that maintaining and gaining ground requires a three-pronged approach: (1) keep giving, (2) keep communicating and voting, and (3) keep recruiting.

Keep Giving

Its human nature to figure that, since things seem to be going our way, we dont need to give quite as much money, time, and effort to support the organizations on the front lines of the battle for our Second Amendment rights. In reality, people get comfortable and dont feel their way of life is at risk, so they scale back their contributions. For those that are aware of this, and are willing, we need to dig deeper, and give more to compensate the natural decline.

Im guilty of feeling this way myself. But I know that now, more than ever, organizations like the NRA, the NSSF, and ASA need our support, especially financially. If donations go down, those who seek to curtail our gun rights only gain strength and momentum. So I encourage you all to continue supporting the organizations that do much of the heavy lifting in support of the Second Amendment.

Keep Communicating and Voting

We need to stay vigilant in communicating not only with each other but also with our legislators. Second Amendment supporters now have the pulpit, but if we stop conveying our desires to those who make and enforce our nations laws, we could lose ground even though we hold most of the cards. I implore all of you to stay on top of your legislators and let your voice be heard. Believe me when I tell you the other side will do all they can to make sure their voices, and wishes, dont fall on deaf ears.

We have two bills that should get voted on this year that take back some of the freedoms we have lost over the years: The Hearing Protection Act and the Concealed Carry Reciprocity Act of 2017. I encourage you to vote for Representatives that support these two bills and to vote against those who do not.

Keep Recruiting

I dont know if recruiting is the best word, but I do know this: Were going to ultimately lose the battle if we dont introduce more people to shootingespecially the younger generation. At age 54, I still vividly recall the day and the experience as a youth, when I took a hunter safety course and got a chance to shoot skeet for the first time. This is an opportunity for you to take someone you know shooting. It will be an experience they will always remember.

Formative experiences like this go a long way toward encouraging younger people to learn about and develop an affinity toward firearms and Second Amendment rights. And its precisely these young people well need to carry on the fight. Along with introducing younger people to shooting, supporting organizations such as the Friends of the NRA, which raises funds for the future of shooting sports, is very important.

Lets not forget the importance of introducing women to shooting. Its definitely something women can, and should, enjoy as well. This is evidenced by my wife, Cindy. She recently told me, I think its important, when introducing a new female shooter into the sport, that they are comfortable with the environment and the trainer, as well as the equipment. Its all part of the experience. Having equipment that best fits the new shooter, a respected and inviting range, and the right people, will make for a better experience.

I would encourage every shooter, male or female; to take a lady shooting and expose them to the activity/sport you enjoy so much yourselves. Maybe even teach them on a suppressed weapon, so they dont react to the bang and the recoil, which the suppressor helps mitigate. We need their support, and getting themas well as our youthaboard ensures the Second Amendment will remain strong. This will also create opportunities the whole family can enjoy.

So remember, the stakes are simply too high to let up. Even though the pendulum seems to be swinging our way at the moment, we need to play to win. Had the Falcons been playing to win-instead of playing not to lose in the second half of the Super Bowl they would be champions today! We have not won this battle. It is only half-time and we must play to win. We have to continue to give and give big; we have to communicate with our legislators and vote for our issues; we must make every effort to recruit and bring new people to the shooting sports. Lets play to win!

Marty Daniel is the president, CEO, and founder of Daniel Defense and a guest columnist for Bullet Points with AWR Hawkins.

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Marty Daniel We Have a Pro-Second Amendment President: Now What? - Breitbart News