Archive for the ‘Second Amendment’ Category

Appeals court weighs constitutionality of NY concealed carry law – Olean Times Herald

NEW YORK (TNS) A three-judge panel of the U.S. Second Circuit Court of Appeals is weighing whether New Yorks Concealed Carry Improvement Act is constitutional.

The justices, during a hearing Monday, listened to arguments in four related cases concerning the CCIA, including one brought by Niagara Falls pastor Jimmie Hardaway Jr. of Trinity Baptist Church and others.

One of the three justices hearing the arguments suggested that whatever constitutional determination they make is likely to be reviewed by the U.S. Supreme Court.

Were going to have to make a rule, Justice Gerald F. Lynch said in discussing a challenge to a provision of the CCIA that requires private property owners, in particular businesses open to the public, to make known whether persons licensed to carry concealed weapons can bring those firearms into the property.

Pete Patterson, an attorney representing parties challenging the CCIA, told the justices that the plain text of the Second Amendment gives a right to carry to people entering private property.

Thats what the plain text means? Lynch asked, his voice rising. I cant tell you, You cant enter my home with a gun?

Patterson then agreed that Lynch could keep someone from bringing a gun into his home.

In the case of Hardaway and Rev. Larry Boyd, pastor of Open Praise Full Gospel Baptist Church in Buffalo, along with two national pro-gun groups, Las Vegas-based Firearms Policy Coalition and Bellevue, Washington-based Second Amendment Foundation, the justices were considering a challenge to a provision of the CCIA that bars individuals from bringing firearms into places of worship.

Hardaway and Boyd have argued that they would suffer irreparable harm, and that their Second Amendment rights would be violated, if the places of worship restriction was not blocked. In an affidavit accompanying the original lawsuit, Hardaway acknowledges that he is a member of the two pro-gun groups involved in the case and that he is licensed to carry a handgun in New York.

Prior to the enactment and enforcement of the Place of Worship Ban, I would consistently carry a firearm on Trinity Baptist Churchs premises, Hardaway said in an affidavit. I would intend to keep carrying for self-defense and to keep the peace at Trinity Baptist Church.

U.S. District Court Judge John L. Sinatra Jr., of the Western District of New York in Buffalo, granted Hardaway and Boyd a temporary restraining order and then a preliminary injunction, blocking the enforcement of the places of worship restriction.

New York Attorney General Letitia James appealed Sinatras decisions to the Second Circuit and asked the appeals court to block his rulings.

A different panel of Second Circuit judges, other than the one that conducted Mondays hearing, heard that request and issued a stay of Sinatras decisions, which effectively reinstated the CCIA and the places of worship restriction.

Hardaway and Boyd asked the U.S. Supreme Court to intervene and overturn the stay; they argued that their rights under the Second Amendment had been indefinitely suspend(ed).

In January, the high court, without any noted dissents, allowed the stay to remain in place while the Second Circuit proceedings continued.

Much of the controversy over the CCIA centers on restrictions, approved by the New York State Legislature on places were people are permitted to carry concealed weapons.

The U.S. Supreme Court, in its decision in the case of New York State Rifle & Pistol Association, Inc. v. Bruen, found that the bearing of arms could be restricted in so-called sensitive places.

Sinatra acknowledged that ability in his ruling, but said New York went too far in designating sensitive places.

In Bruen, the (Supreme Court) made the Second Amendment test crystal clear: regulation in this area is permissible only if the government demonstrates that the regulation is consistent with the Nations historical tradition, Sinatra wrote. New York fails that test. The States exclusion is, instead, inconsistent with the Nations historical traditions.

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Appeals court weighs constitutionality of NY concealed carry law - Olean Times Herald

AYTU BIOPHARMA, INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance…

Item 1.01 Entry into a Material Definitive Agreement.

On March 24, 2023, Aytu BioPharma, Inc. ("Aytu" or the "Company") entered intoan Amendment No. 4 (the "Eclipse Amendment") to Loan and Security Agreementdated October 2, 2019 (as amended by Amendment No. 1, dated March 19, 2021,Amendment No. 2, dated January 26, 2022, and Amendment No. 3, dated June 1,2022, the "Eclipse Agreement"), by and among Neos Therapeutics, Inc., NeosTherapeutics Brands, LLC, Neos Therapeutics, LP, Neos Therapeutics Commercial,LLC, PharmaFab Texas, LLC (collectively, the "Neos Obligors"), as borrowers,Aytu Therapeutics, LLC, Innovus Pharmaceuticals, Inc., Semprae Laboratories,Inc., Novalere, Inc., and Delta Prime Savings Club, Inc. (collectively withAytu, the "Aytu Obligors" and, together with the Neos Obligors, the "Obligors"),as obligors, Eclipse Business Capital LLC (f/k/a Encina Business Credit, LLC),as agent, and the lenders party thereto (agent and such lenders, collectively,the "Eclipse Lender").

The Eclipse Amendment, among other things, provided for an aggregate increase of$2,000,000 to the Eclipse Lender's commitment to make revolving loans from timeto time to the Neos Obligors, resulting in an aggregate revolving facility sizeof $14,500,000 (such facility, the "Eclipse Facility"). The ability of the NeosObligors to make borrowings and obtain advances of revolving loans under theEclipse Facility remains subject to a borrowing base and reserve andavailability blockage requirements.

The foregoing description of the Eclipse Amendment is not complete and isqualified in its entirety by reference to the Eclipse Amendment, which Aytuintends to file with its upcoming Quarterly Report on Form 10-Q. The originalterms of the Eclipse Agreement and previous amendments were previously disclosedon Neos Therapeutics, Inc.'s Current Report on Form 8-K filed with theSecurities and Exchange Commission ("SEC") on October 3, 2019; the Company'sCurrent Report on Form 8-K filed with the SEC on March 22, 2021 ; andCompany's Current Report on Form 8-K filed with the SEC on January 31, 2022 ,which are incorporated by reference herein.

In connection with the Eclipse Amendment, on March 24, 2023, the Obligorsentered into the Second Amendment to Loan Documents (the "Avenue Amendment")amending that certain Loan and Security Agreement dated January 26, 2022 (asamended by the First Amendment, dated October 25, 2022, the "Avenue Agreement"),by and among the Obligors, Avenue Venture Opportunities Fund II, L.P. and AvenueVenture Opportunities Fund II, L.P., as lenders (the "Avenue Capital Lenders"),and Avenue Capital Management II, L.P., as administrative agent (the "AvenueCapital Agent").

The Avenue Amendment, among other things, permitted the increase in revolvingloan commitment provided by the Eclipse Lender under the Eclipse Facility asprovided for in the Eclipse Amendment.

The foregoing description of the Avenue Amendment is not complete and isqualified in its entirety by reference to the Avenue Amendment, which Aytuintends to file with its upcoming Quarterly Report on Form 10-Q. The originalterms of the Avenue Agreement were previously disclosed on the Company's CurrentReport on Form 8-K filed with the SEC on January 31, 2022 , which isincorporated by reference herein.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under anOff-Balance Sheet Arrangement of a Registrant.

The information set forth under Item 1.01 of this Current Report on Form 8-K isincorporated herein by reference.

Edgar Online, source Glimpses

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AYTU BIOPHARMA, INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance...

MIGOP receives national condemnation after tweet comparing gun bills to Holocaust – WWMT-TV

MIGOP receives national condemnation after tweet comparing gun bills to Holocaust

A tweet from the Michigan GOP is getting some criticism from both Republicans and Democrats in Michigan, relating to guns and the history of the second amendment. March 22, 2023. (Courtesy: Twitter/@MIGOP)

Michigan's Republican Party is receiving widespread condemnation, including by many within the party, after a tweet Wednesday morning that compared the collection of wedding rings during the Holocaust to gun control bills currently making progress in the state's legislature.

The Michigan Republican Party's officialTwitter account shared a statement Wednesday morning just before 8:30 a.m. reading "#History has shown us that the first thing a government does when it wants total control over its people is to disarm them. President Reagan once stated, 'if we lose #freedom here, there is nowhere else to escape to. This is the last stand on Earth.'"

Attached to the tweet is a picture of hand reaching into a box of rings, with a caption reading: "Before they collected all these wedding rings... they collected all the guns."

The photograph of the wedding rings is a snapshot from May 1945, when the rings were found near Buchenwald concentration camp in Germany, according to the United States Holocaust Memorial Museum. Nazis would remove valuable pieces of jewelry or metals from their victims for salvage, according to the Holocaust Encyclopedia.

The tweet quickly received pushback on social media, with users demanding it be removed over its insensitivity.

During a Wednesday evening press conference in Macomb Co. to address the tweet, MIGOP Chair Kristina Karamo stood by the tweet, which she said was posted by a "social media team," saying she would not take the message offline.

Karamo was selected to become chair of the Michigan Republican Party by Republican precinct delegates in mid-February. Previously a community college educator, Karamo joined the political sphere for the first time formally when she ran against Democrat Jocelyn Benson in the 2022 race for Secretary of State. Karamo, who was endorsed by former President Donald Trump in that election, lost to Benson by nearly 13 points but never conceded.

The Michigan Democratic Twitter account responded by saying: "This vile rhetoric should have no place in our politics. The @MIGOP must apologize and take down this disgusting tweet."

The Allegan County Democratic Twitter account disagreed with the MIGOP's tweet by mirroring the Michigan Democratic response and adding "This vile rhetoric from @MIGOP and their Chair @KristinaKaramo has no place in our politics. Shame on the Michigan GOP for sinking to another all-time low. #DoBetter"

Chairwoman of the Michigan Republican Party, Kristina Karamo, stands by the tweet by saying "We will not be silent as the Democratic Party, the party who fought to enslave Black Americans, and currently fights to murder unborn children, attempt to disarm us."

"Our 2nd Amendment was put in place to protect us from aspiring tyrants. MIGOP stands by our statement," Karamo adds.

The rest of the tweet can be found here.

These responses by the Michigan Republican Party come almost a week after the Michigan Senate passed an 11-bill gun safety package whichwould put in place a number of gun restrictions aimed at reducing gun violence, including safe gun storage requirements, and universal background checks.

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MIGOP receives national condemnation after tweet comparing gun bills to Holocaust - WWMT-TV

Oregon renters, landlords testify on bill that would increase rent control – KATU

SALEM, Ore.

Dozens of tenants and landlords associations showed up Monday to testify for and against a bill that would adjust the state's rent cap laws.

Oregon's rent cap laws, passed in 2019, allow landlords to increase rent up to 7% plus the annual Consumer Price Index (CPI), which adjusts with inflation.

The CPI for 2023 was set at 7.6%. When added to the base of 7% it comes out to a total allowed rent increase of 14.6%, meaning renters who were paying, for example, $1,600 a month in rent last year could be seeing their monthly rent go up to $1,830 in 2023.

If passed, Senate Bill 611 would change the base amount to 3% plus CPI with an max increase of 8% regardless of inflation.

"I think every single member of the Legislature has heard from their constituents about the housing affordability crisis that Oregonians are facing, and I think that we all agree that something has to be done," said the bill's sponsor Sen. Wlnsvey Campos, D-Aloha.

The bill would also require the landlord to pay the tenant three months' worth of rent if serving them with a no-cause eviction.

Currently, newer homes, with certificates of occupancy issued in the past 15 years, are exempt from Oregon's rent caps. This bill would change that to buildings with certificates of occupancy issued in the last three years.

Campos noted that in an attempt to strike a compromise with landlords she and Sen. Kayse Jama, D-Portland, drafted two amendments to the bill.

"I cannot accurately say that we have brought forth a compromise, but what I can say is that we have taken into account feedback from a number of different stakeholders," she said. "We also wanted to take into account the folks that are providing housing."

Oregon renters, landlords testify on bill that would increase rent control (KATU - 5 PM)

The first amendment would change the base cap from 7% plus CPI to 5% plus CPI with a max of 10% regardless of inflation. It would only require two months rent reimbursement for nonpayment evictions and would exempt properties with first certificates of occupancy issued within the last 10 years.

The second amendment calls for the same modifications as the first but also keeps the exemption at its current 15-yearcertificate of occupancy requirement.

Neither landlords nor tenant groups supported the amendments, with landlords saying they are unable to get on board with any portion of this bill and tenants complaining that much of the "predatory rent increases" they experience are in units that have been occupied for fewer than 15 years.

"I am voicing my support for the original SB 611 rent stabilization bill. I am a resident atCannery Row Apartments in Sherwood and in addition to being a wife and a mother to a small child," said Jessica Israel. "I am currently fighting cancer and my husband was permanently injured as an essential worker during the pandemic. But now I am also fighting a predatory rent increase of 32 to 50%."

Israel notes that her home is less than 15 years old, and if the dash-two amendment passes, the bill would not help people in her situation.

Sybil Hebb, an attorney with the Oregon Law Center and a lobbyist for tenant groups pointed out that the dash-one amendment would bring the rent cap in line with what it is in California but noted that California lawmakers are considering readjusting their rent cap as well because of the impacts of inflation.

Landlords told lawmakers that they will not support any bill that would decrease the allowed rent cap and said they believe the solution is to pay out more in rent assistance and build more housing.

"If I was going to use a common phrase for what I feel like is happening right now is would be biting the hand that feeds you and the hand being landlords," saidKennedy Amundson, who owns a property management company. "Oregon needs investors and landlords alike to not only have a desire to be here but to develop rental housing in Oregon; they need to be able to continue to own and manage their existing rental here."

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Oregon renters, landlords testify on bill that would increase rent control - KATU

Over 40,000 Guns Stolen from Unlocked Cars in 2020 – Jalopnik

We dont meant to kick off your work week with a scolding via public service announcement but please, dont leave your guns unsecured in your cars. If you do, they may not be your guns for very long.

Guns stolen from cars are now the largest source of stolen guns in America, the New York Times reports based on an analysis of Federal Bureau of Investigation data by the gun control group Everytown For Gun Safety. Thieves will sweep through neighborhoods, parking lots and garages, particularly during sport events and concerts, when drivers from the suburbs park in urban areas for long periods or vehicles that proudly display their support for the second amendment via stickers and decals. Perhaps the most ironic fad in the last few years are stickers reading molon labe which means come and take them in ancient Greek.

A bipartisan group of Tennessee lawmakers introduced a bill that would, rather meekly, address the problem after years of record gun thefts. But even a simple law requiring gun owners to store their weapons in a locked box in their cars, and receive nothing more than a court-ordered gun safety class for ignoring the law, is receiving staunch pushback, from NYT:

...some experts say widespread adoption of the boxes may require a dramatic cultural change akin to the revolution in seatbelt use. And it may prove to be even more polarizing than seatbelts ever were. The National Rifle Association and other gun-rights advocates believe car lockbox mandates to be an onerous burden a reflection of how the avalanche of guns is creating new sources of conflict.

Many lockboxes are relatively cheap. Simple versions that can attach to the underside of a car seat with a cable can be found for about $40, and some cities have even begun developing programs to give them away. In Houston, where more than 4,400 guns were stolen from cars last year, the police have given away roughly 700 such boxes this year, according to Houston Police Sgt. Tracy Hicks, and have plans to give away 6,300 more.

Some skeptics doubt even widespread use of the boxes would make much of a dent in gun violence in a nation with more than 400 million firearms in circulation. Its like peeing in the Gulf of Mexico, said Peter Scharf, a criminologist at the Louisiana State University School of Medicine in New Orleans, which had one of the nations highest homicide rates in 2022.

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With Memphis leading the country in gun car thefts and Nashville not terribly behind in 15th place. Gun thefts have skyrocketed in Nashville over the last decade, from 152 thefts in 2012 to 1,378 in 2020. Tennessee is particularly focused on promoting safe gun storage. Though to be fair to Tennessee, only 15 states require thereporting of lost or stolen guns, so there is no clear picture on just how widespread the problem really is. Predictably, groups like the NRA are against these safety proposals, which they say will make gun owners wary of reporting a gun theft for fear of reprisal.

Representative John Gillespie, a Memphis Republican who co-sponsored Mr. Hemmers bill, was frustrated by such arguments. Im more than willing to increase the penalties for people stealing a gun, he said. But are we really that burdened by asking someone to properly lock up their gun in a vehicle so it cant be stolen?

Its not just guns in cars that are on the rise. The Transportation Security Administration if finding more guns than every in carry-on luggagemany of them loaded. You can read the entire New York Times report here.

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Over 40,000 Guns Stolen from Unlocked Cars in 2020 - Jalopnik