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
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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Buffalo to seize guns days after owners' deaths
Published November 12, 2014
A procedural decision in a landmark Second Amendment case could spell the end for California laws restricting the issuance of permits to carry concealed handguns.
The decision by the 9th U.S. Circuit Court of Appeals would bar other law enforcement officials, including state Attorney General Kamala Harris, from gaining "intervener status" to join in further challenges of its ruling in a case originally brought by an independent journalist who sued the San Diego County Sheriffs Department over its policy of requiring a specific reason for being allowed to carry a concealed weapon in public.
San Diego County Sheriff Bill Gore has said he will not fight the ruling, meaning there is no one with standing left to challenge the decision made in February.
Since becoming Sheriff, I have always maintained that it is the legislatures responsibility to make the laws, and the judiciarys responsibility to interpret them and their constitutionality, Gore wrote in a letter to the county board of supervisors earlier this year, in which he said the courts decision gave him clarity on the issuance of licenses. Law enforcements role is to uphold and enforce the law.
Edward Peruta sued Gores department over its policy of requiring a specific reason for being allowed to carry a concealed weapon in public, restrictions other counties around the state also had in place.
In its bombshell ruling earlier this year, the 9th Circuit found those policies to be unconstitutional and held that law-abiding citizens have a right to bear arms under the Constitutions Second Amendment and could not be required to justify their reasons for carrying concealed weapons. The panel simultaneously ruled on a similar case brought in Yolo County, and that county's sheriff, Edward Prieto, has not indicated he will drop further appeals, which could be heard en banc by all of the 9th Circuit judges or by the U.S. Supreme Court. Harris could try to join Prieto's case, although Wednesday's ruling appears to make it unlikely she would be allowed.
California counties have differed on policy in the wake of the February decision, with Orange County issuing the permits on request and others waiting for a resolution in the case.
One judge on the panel disagreed with Wednesdays ruling, saying the state should be able to intervene in the case to present an argument on an important constitutional question affecting millions of citizens.
The law would still not allow felons or the mentally ill to possess firearms, and would still prohibit the carrying of them in places such as schools and government buildings.
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Calif. court puts conceal-carry restrictions on brink - VIDEO: 'Impossible' to get permit in DC?