Archive for the ‘Second Amendment’ Category

Chabot and Landsman talk guns, abortion and more in final debate – WVXU

U.S. Representative Steve Chabot and Cincinnati Council Member Greg Landsman traded barbs in the final televised debate in the race for Ohios First Congressional District Thursday night.

Chabot has maintained political control over the district since 1995. Hes currently serving his 12th term in office, only losing once in 2008, to Democrat Steve Driehaus, winning the seat back in 2010. He faces one of his toughest re-election bids yet now that redrawn district boundaries include the entire city of Cincinnati.

Asked about rising gun crime across the country, Chabot cited his support for a gun regulation measure this year that only 13 other House Republicans voted for.

It not only protected schools, but it was additional background checks for younger people and the rest, Chabot said.

As for going further, though: We have a Second Amendment, its in the Constitution its not the First (Amendment) but its the Second and its very important, Chabot said. [Landsman] doesnt care about the Constitution, apparently. People have a right to defend their families in their own homes.

Landsman says constituents of the First District want more.

People want these guns gone. He is not going to do it, Landsman said. I will, as a member of Congress, ban assault weapons. I will go after these guns. And I will make it easier for police officers to get these guns out of our neighborhoods.

Listen to this question and responses:

Chabot/Landsman Debate: Gun Question

The two men repeated frequent talking points about abortion when asked: Would you support legislation banning in vitro fertilization and forms of birth control that prevent pregnancy after conception, or legislation to guarantee access to IVF and birth control?

I introduced and passed the ban on partial birth abortion years ago," Chabot said. "It's the law of the land now, most Democrats actually supported it as well. And we had exceptions for rape, incest and life of the mother.

Landsman calls Chabots position on abortion extreme, saying Chabot has also supported abortion bans without exceptions.

I will, as your member of Congress, vote to codify Roe and make sure that you have reproductive freedom. I want that for my daughter, I know you want it for your children, he said. And I will vote to protect contraception, I will vote to protect IVF, I will vote to protect marriage equality.

Listen to this question and responses:

Chabot/Landsman Debate: Reproductive Health Question

The candidates also addressed questions on the economy, housing, public safety, health care, climate change and democracy.

WVXU co-presented the debate along with CET and the Cincinnati USA Regional Chamber. Lucy May, host of WVXUs Cincinnati Edition, moderated the event and Nick Swartsell, WVXU reporter, was on the panel.

Tune in to Cincinnati Edition Friday, Oct. 14, at noon for a segment fact-checking the statements made during Thursday's debate.

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Chabot and Landsman talk guns, abortion and more in final debate - WVXU

NRA Files Friend of the Court Brief in NY PLCAA Case. – NRA ILA

On Friday, NRA-ILA filed an amicus brief in a case challenging a New York law that seeks to circumvent the Protection of Lawful Commerce in Arms Act (PLCAA). PLCAA codified the fundamental legal maxim that the law only holds responsible parties liable for their actions. It limits the types of lawsuits that can be brought against the gun industry by barring suits seeking monetary damages against an industry member for a third partys misuse of a firearm.

Despite PLCAA and the common law, New York officials have been bringing lawsuits against gun industry members for over 20 years now. Former New York Attorney General (who then became the states disgraced governor) Elliot Spitzers suit against Ruger was thrown out of court, and a lawsuit brought by the City of New York against Beretta suffered the same fate.

Congress enacted the [PLCAA] to stanch an epidemic of experimental tort suits attempting to hold the firearms industry liable for third parties criminal misuse of firearms, the brief reads. Dissatisfied with Congresss judgment, New York has set out to undermine the PLCAA, assuming the responsibility to correct [what it terms] federal overreach.

PLCAA is not the only firearms matter that New York lawmakers are bitter about and trying to evade these days. In June, NRA-ILA won NYSRPA v. Bruen, a landmark Second Amendment Case at the United States Supreme Court. Governor Hochul called the high courts decision a mere temporary setback, prompting the state to pass the falsely labeled Concealed Carry Improvement Act, which NRA-ILA is also challenging in federal Court.

This case is captioned National Shooting Sports Foundation v. James. It is on appeal to the Second Circuit Court of Appeals in New York City.

Please stay tuned towww.nraila.orgfor future updates on NRA-ILAs ongoing efforts to defend your constitutional rights.

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NRA Files Friend of the Court Brief in NY PLCAA Case. - NRA ILA

Mehmet Oz keeps running on crime in Philly. Heres what hes saying hed do about it. – The Philadelphia Inquirer

After an hour of at-times gut-wrenching testimonials about the effect of the drug and gun crisis in Philadelphia, Mehmet Oz, who convened the community discussion, was asked what he could do about those issues as a U.S. senator.

We do have to deal with the education system, and I think the collapse of the public school systems in places like Philadelphia has dramatically worsened what was already a bad trend, Oz told reporters after the event.

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He said Congress should create a large fund of public money to allocate to each state to support school vouchers.

The response was one of a handful of ideas floated by Oz, who consistently highlights crime and drugs in Philadelphia on the campaign trail, though often without specific proposals on how he could address those problems in the Senate.

Lt. Gov John Fetterman, the Democratic candidate for Senate, who was endorsed by the citys Black police union on Thursday, released a statement accusing Oz of exploiting Philadelphias crime for political gain.

Oz repeatedly referenced Philadelphia when talking about crime during a sit-down interview with NBC News on Thursday.

READ MORE: Focusing on crime, Republicans think theyve finally put John Fetterman on the defensive

Some of this is subpoena power to ask cities: What are you doing? How is it possible that in a short period of time youve created changes that are not for the betterment of people living in Philadelphia? Oz said. Many people here in Philly think theyre part of a social experiment thats being done on them, and they dont understand where they are in the equation, how come theyre not being valued, and it seems to always be that the criminals who are getting all the attention.

He said hed support school choice and bringing a liquid natural gas export facility to Philadelphia to help the city.

READ MORE: What weve learned from a year of attending Oz and Fetterman campaign events

Oz, who is backed by the Fraternal Order of Police, held his Thursday discussion on safer streets, at a catering company in South Philadelphia. Former U.S. Attorney Bill McSwain; Mike Bresnan, president of the citys firefighters and paramedics union; several Republican ward leaders; and some Oz supporters attended the event.

Its at least the third such event in Philadelphia as Oz has worked to tap into concerns about rising gun violence in the city by attacking Fetterman as soft on crime. Oz often brings up the lieutenant governors work on the Board of Pardons and his support for reforming state mandatory life sentencing guidelines for second-degree murder.

READ MORE: Fetterman says Oz lies about my record on crime, at brief stop in Southwest Philadelphia

Oz has been scrutinized over a similar but smaller roundtable in Germantown in September that focused on gun violence. At that campaign event, Oz sat beside Sheila Armstrong, who shared her story of losing two family members to gun violence, but it was revealed this week that she works for Ozs campaign. Shes Philadelphia regional director, the campaign said, when asked by The Inquirer about her role this week.

Thursdays hourlong discussion was mostly dedicated to highlighting the ongoing suffering in the city. Clarice Schillinger, a former GOP candidate for lieutenant governor and a prominent school choice advocate, said one of the Philadelphia SWAT officers shot this week is a friend and security guard. Community activist Ikey Raw, who was also at Ozs September roundtable on gun violence, said it was easier to buy fentanyl than baby formula during periods of the pandemic, and a Kensington resident who was also with Oz when he visited the neighborhood last month said human feces is everywhere there.

Oz, who rose to national fame as a daytime TV talk show host, knows how to moderate a compelling conversation. And the issues hes highlighting are real-life tragedies for many Philadelphians. But discussions of solutions were minimal.

READ MORE: Gun-safety group launches $2.1 million ad campaign criticizing Oz, Mastriano over gun laws

Oz brought up the lack of police officers and need to improve officer retention, harsher penalties for drug dealers, and speeding up crime-victim compensation. In his interview with NBC, Oz said he opposes mandatory minimum sentences at the federal level for fentanyl dealers, saying he thinks it should be left up to judges.

At Thursdays event, Oz continually stressed his opposition to (and highlighted Fettermans support for) supervised injection sites, which do not exist anywhere in Pennsylvania.

He also said in a follow-up interview with reporters that with regard to drugs, we have got to take detox more seriously. He suggested hed support an involuntary detox program to push people suffering from drug addiction who commit minor crimes into detox.

They break the law because theyre living outside, theyll urinate or defecate, theyll do something that allows you to justify it, Oz said. Youre trying to walk them by the hand, take them to detox and give them five days of an opportunity to at least find out who they are again, and you have to do it over and over and over.

READ MORE: Oz talked to drug users in Kensington and community activists in Germantown as he continues to focus on crime in Philly

He referenced Miami as a city thats had success with driving down addiction.

When The Inquirer followed up, the campaign sent a link to an article detailing a pre-arrest diversion program in Miami that appears to mirror one that already exists in Philadelphia.

Oz also said on Thursday he supports decriminalizing marijuana for medical uses. As we get more comfortable understanding what marijuana can and cant do and standardizing what it is, then other opportunities may open, he said.

(He told NBC Bidens move to pardon some federal marijuana convictions was a rational move.)

Fetterman, who has argued hes better equipped to take on crime issues given his 13 years as a mayor of a town that dealt with the opioid crisis and gun violence, pointed to Ozs opposition to gun control as a policy that would hurt not help Philadelphias crime problem.

READ MORE: The two very different ways John Fetterman answered GOP attacks over crime and drugs

If Dr. Oz actually cared about crime hed be offering some real solutions, Fetterman said. Instead, he wont do the literal first thing to keep our neighborhoods, and our police officers, safe: he doesnt support a single policy to get guns off our streets and out of the wrong hands.

Oz opposes red flag laws, universal background checks, and any gun control measure that infringes upon the Second Amendment, according to a post he authored on his campaign website. I will fight against federal gun control schemes and I will vote for judicial nominees who share my view, he says in the post. Hes dodged questions about whether he would have supported the bipartisan Gun Safety Act that was signed over the summer.

The event on Thursday included several Democrats turned Republicans frustrated by gun violence who shrugged off Ozs anti-gun-control stances.

The problem is the ghost guns, the illegal guns. Theyre already illegal, so its how do we stop that? said Carnel Harley, a Republican ward leader in Nicetown who left the Democratic Party six years ago. Harley said he didnt mind that Oz came to the discussion without a lot of answers.

One thing I liked about him is, he didnt say what he could do. He asked what do I need him to do for our community.

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Mehmet Oz keeps running on crime in Philly. Heres what hes saying hed do about it. - The Philadelphia Inquirer

Delaware ghost gun decision followed the law | READER COMMENTARY – Baltimore Sun

I teach Second Amendment classes and have comments regarding The Baltimore Suns recent ghost gun editorial (In Delaware, a worrisome challenge to ghost gun restrictions, Sept. 28). The editorial omitted critical considerations related to Judge Maryellen Noreikas recent decision blocking enforcement of Delawares law banning possession and distribution of ghost guns.

The Sun may have not cared for the holding, but Judge Noreika is a careful and deliberate jurist. She did what was required of her by the recent United States Supreme Court decision in New York State Rifle and Pistol v. Bruen. She is not entitled to make up the law or follow her personal bias whatever that may be.

Junes New York State Rifle and Pistol Association v. Bruen case was a sea change decision for the Second Amendment. It held that when the Second Amendments plain text covers an individuals conduct the Constitution protects that conduct. To justify the restriction, Delaware was required to demonstrate to the court that the enacted ban is consistent with the nations historic tradition of firearms regulation. The Delaware attorney general failed to make that showing and the judges hands were tied. She had to, and did, follow New York State Rifle and Pistol Association v. Bruen. In other words, to enforce this law she had to find that Delawares ban was consistent with a historic tradition of regulation as it existed at the time of the founding. The judge cant be faulted for doing her job. Had she not followed this very recent Supreme Court precedent, she would be called an activist judge.

Judge Noreikas decision is not binding on any court sitting in Maryland, but Bruen binds Maryland courts, and Maryland will face this same challenge when it seeks to enforce its ghost gun ban. Perhaps Maryland will take its cue from the Delaware decision and will be prepared to tie historic tradition of regulations that existed at the time of the founding or soon after into its ghost gun restriction. If it is unable to do so, it will fail.

James B. Astrachan, Baltimore

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Delaware ghost gun decision followed the law | READER COMMENTARY - Baltimore Sun

Election 2022: What to know about constitutional amendments – WyoFile

Wyoming voters will decide the fate of two constitutional amendments in Novembers general election. One proposes to change the retirement age for certain judges, while the other would allow municipalities to invest in stocks in the same manner the state does.

Changing the Wyoming Constitution involves a lengthy process originating with the Legislature. Both amendments began as legislation and received the required two-thirds supermajority in both the House and the Senate. That move sent them to the ballot for voter consideration.

Cities, counties and towns currently have the ability to make low-risk, fixed income investments, such as certificates of deposit, federal agency bonds and U.S. Treasurys.

If voters approve Amendment A, those municipalities would have the option to invest in equities, like the stock market, just as the state does.

Rep. Pat Sweeney (R-Casper) brought a bill to the Legislature earlier this year to get the amendment on the ballot. He introduced the legislation following the sale of Wyoming Medical Center, for which Natrona County received more than $100 million. The Board of County Commissioners then agreed to invest those funds rather than spend them.

However, because the countys investment options are limited, the funds are yielding very minimal returns, according to Paul Bertoglio, a Natrona County Commissioner and proponent of the amendment. If properly invested and managed for long-term returns, the funds could provide additional revenue for local governments without any additional taxes, he said. With decreases in coal and oil and gas production, Bertoglio expects the state to be under increasing pressure to cut, including funding for local governments.

At some point, theyre going to have no choice but to start cutting back what they give us, and that is the value of this it gives us an independent revenue stream that offsets some of those cuts, he said.

The Wyoming County Commissioners Association has endorsed the amendment, but with the expectation that the Legislature will create rules requiring long-term investing by municipalities be done by professional portfolio managers instead of local officials.

The Wyoming County Treasurers Association, meanwhile, opposes the amendment.

The volatility of the market means that losses are inevitable, and county treasurers believe any loss of the funds entrusted to us is unacceptable, the association wrote in an open letter to the public.

While investing in equities would indeed provide higher yields, it would also come with unacceptable risk, according to the treasurers.

The investment of public funds is rooted in a system of trust, and we are very aware of your expectations. To that end, the safety of your money should be the priority, over yield and other political considerations, the letter stated.

The amendment mirrors one from 2016 that granted the state the ability to invest in equities.

The second amendment on the ballot faces no apparent, organized opposition.

If approved by voters, Amendment B would change the required retirement age for Wyoming Supreme Court justices and district court judges from 70 to 75.

Mandatory judicial retirement at age 70 has resulted in the loss of many eminently qualified Justices and Judges in Wyoming, according to a fact sheet from the Wyoming Judicial Branch. If the mandatory retirement age were extended, not only could these members of the judiciary continue to meaningfully contribute to the law in Wyoming, longer service would also result in a net savings for the state.

Wyoming is one of 17 states that has a mandatory judicial retirement age of 70, according to the fact sheet.

As a Judiciary Committee bill in the Legislature, the proposal faced little opposition. In the House, it passed third reading 54-5 with one excused. In the Senate, it passed 20-10.

Sen. Tom James (R-Green River) voted against the amendment because he opposes extending appointments for any position which has decisions over the peoples Constitutional rights, he wrote in an email to WyoFile. He added that he believes judges should be elected, not appointed.

Since 2000, some 20 constitutional amendments have appeared on the ballot in Wyoming, according to secretary of state records. Twelve of those were approved, including one in 2012 guaranteeing citizens the right to make their own healthcare decisions, which is now at the center of a lawsuit involving Wyomings abortion trigger law. The other eight amendments were defeated by voters. Early voting in Wyoming is currently underway. The general election is Nov. 8.

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Election 2022: What to know about constitutional amendments - WyoFile