Giveaway Winners for November 16 2014
Second Amendment Giveaway A brief film highlighting the winners for our November 16 2014 giveaway. Prizes won during this giveaway: A Call of Duty "Advanced Warfare" Atlas Professional Edition...
By: Second Amendment Giveaways
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Giveaway Winners for November 16 2014 - Video
On Monday, the long-running debate over gun laws is moving to center stage, out in San Francisco.
A three-judge panel of the Ninth U.S. Circuit Court of Appeals will hear arguments concerning whether an unusual gun law passed by voters in Sunnyvale, Calif., late last year is constitutional.
A coalition of gun-rights groups, including the National Rifle Association, claims the law, which bans anyone from owning gun magazines capable of holding more than 10 rounds, violates the Second Amendment to the Constitution.
Sunnyvale, on the other hand, claims the law does not impinge on Sunnyvale residents Second Amendment rights to own a firearm within the home for self-defense because such large-capacity magazines are neither necessary nor even useful for self-defense because defenders seldom fire more than two shots. Restricting such magazines makes sense, Sunnyvale argues, because theyre frequently used in mass shootings, including the massacre at Newtown, Conn., at the end of 2012.
So who is right?
A U.S. District Judge in San Jose, Calif., in March upheld the law, finding that while the Sunnyvale law implicated the Second Amendment, the burden placed by the law on a Sunnyvale residents Second Amendment rights is relatively light.
Wrote Judge Ronald M. Whyte:
The Sunnyvale law passes intermediate scrutiny, as the courtwithout making a determination as to the laws likely efficacycredits Sunnyvales voluminous evidence that the ordinance is substantially tailored to the compelling government interest of public safety.
Still, the caselaw concerning firearm restrictions has been developing for a relatively short period of time. In June 2008, the U.S. Supreme Court, in a landmark case called District of Columbia v. Heller, ruled that the Second Amendment protects ones right to own a firearm in ones own home.
But the court left for another day (and, until then, lower courts) a variety of issues, including whether and to what degree firearms can be carried outside the home, and the degree to which semi-automatic weapons can be regulated as well. The law on these issues is not well settled, meaning the judges of the Ninth Circuit have leeway in the Sunnyvale case to chart their own path.
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California Towns Unusual Gun Law to Get Federal Appeals Court Ruling
Why We Must Preserve the Second Amendment
Quick and simple explanation of the value of the second amendment to the U.S. Constitution.
By: Nathan Miller
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Why We Must Preserve the Second Amendment - Video
The National Rifle Association and its fellow gun enthusiasts continue to misconstrue the founders original intent in creating the Second Amendment to the U.S. Constitution. A recently published NRA comment stated that, Guns save lives, stop crime and protect you. This is why we arm police, why people arm themselves and why the founders put the Second Amendment in the Constitution.
The Second Amendment reads as follows: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. A total of 27 words.
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Reader View: Lets revisit the Second Amendment
FILE 2012: Buffalo police confiscated nine illegal handguns in connection with a gun trafficking operation that stretched from the Decatur, Georgia area to Buffalo. The city has been focused on reducing the number of illegal guns on the street.(Buffalo Police Department)
A plan by police in Buffalo, N.Y., to begin confiscating the firearms of legal gun owners within days of their deaths is drawing fire from Second Amendment advocates.
The plan is legal under a longstanding, but rarely enforced state law, but gun rights advocates say, with apologies to onetime NRA spokesman Charlton Heston, it is tantamount to prying firearms - some of which may have substantial monetary or sentimental value - from the cold, dead hands of law-abiding citizens.
"They're quick to say they're going to take the guns," said Tom King, president of the New York State Rifle & Pistol Association. "But they don't tell you the law doesn't apply to long guns, or that these families can sell [their loved one's] pistol or apply to keep it."
King said enforcing the state law is the latest example of authorities targeting law-abiding gun owners, while doing little to secure the streets.
- Tom King, president of the New York State Rifle & Pistol Association
Buffalo Police Commissioner Daniel Derrenda said at a press conference last week that the department will be sending people to collect guns that belong to pistol permit holders who had died so "they don't end up in the wrong hands." The department will cross reference pistol permit holders with death records and the guns will be collected when possible, he said.
Derrenda said guns pose a threat if their owner is no longer alive to safeguard them, especially if a recently-deceased gun owner's home is burglarized.
"At times they lay out there and the family is not aware of them and they end up just out on the street," he said, according to WGRZ.com.
The state law says that if the permit holder dies, the estate has 15 days to dispose of the guns or turn them in to authorities, who can hold the weapons up to two years. LoHud.com reported that violation of the law by survivors is a misdemeanor punishable by up to a year in jail and a fine.
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2ND AMENDMENT FIGHT Buffalo to seize guns days after owners' deaths