Wednesday, October 12, 2011

[CA] California bans [unloaded] gun toting in public

From California, comes this latest infringement:
California Gov. Jerry Brown announced Monday that he signed into law a measure that bans handgun owners from openly carrying their weapons in public.

Previous regulations had allowed the open carrying of unloaded handguns in public, but police chiefs and sheriffs objected to the rule because people felt frightened when they saw handguns in public places.

“They are tied up dealing with calls from the public about gun-toting men and women in the coffee shop,” California Assemblyman Antony Portantino, who introduced the bill, said last month. “As law enforcement officials tell me, it’s not safe and someone is going to get hurt.” ...
So both loaded and unloaded open carry is now illegal in the Golden State.

Friday, March 4, 2011

Wyoming Governor signs Constitional Carry (permitless carry) reform bill

Wyoming Governor signs Constitutional Carry bill:
... This afternoon, I watched as Governor Mead signed Constitutional Carry into law while saying his office had been clogged with emails and phone calls from people demanding he sign the Jennings-Jaggi Constitutional Carry bill. ...
Article here. Wyoming now joins Alaska, Arizona, and Vermont in no longer requiring permits for lawful concealed carry by law-abiding citizens.

Update 3/5/2011: Here's another article, from the Washington Examiner:
Wyoming on Wednesday became the fourth state to allow citizens to carry concealed guns without a permit, with Gov. Matt Mead signing a bill into law as several other states considered similar action.

The law allows state citizens legally entitled to own guns to carry them concealed starting in July. The guns still wouldn't be allowed in schools, bars and government buildings.

"We have heard from both sides on this, this bill has attracted a lot of attention," Mead said at a signing ceremony at the state Capitol. "But as written, I thought it was an appropriate bill for Wyoming, and an appropriate law for Wyoming."

Similar bills are pending in states including Colorado, Minnesota, Montana, New Hampshire, South Carolina and Utah. A bill has been introduced in Kentucky but hasn't advanced while another was introduced for discussion in Idaho. ...
Note that the new law, which takes effect July 1, 2011, only applies to Wyoming residents, and not to non-residents such as travelers and visitors to the state. Non-residents will still need a recognized permit to lawfully carry concealed.

Friday, September 24, 2010

[NV] Agreement allows guns in NV state parks

From the Silver State:
The Nevada attorney general's office has settled a lawsuit and agreed to allow anyone who can legally possess a firearm to bring a loaded gun into state parks.

Under a stipulation filed Sept. 14 in Reno federal court, a rule that barred most visitors from possessing loaded firearms will not be enforced while regulations are amended.


Park rules had allowed people with concealed weapons permits or hunters in authorized areas to have guns, but required others to lock them in their vehicles.
Read the article here.

Wednesday, August 18, 2010

[GA] Upson guns-in-church case lands in federal court

From Georgia, comes this story of a pastor challenging the state law prohibiting carry in churches:
A minister’s fight to bring a gun to his Upson County church is now a federal case in Macon.

State and Upson County officials had the case moved to the U.S. District Court in Macon on Friday. The case garnered national news coverage when it was first filed a month ago in Upson County Superior Court by the Rev. Jonathan Wilkins of the Baptist Tabernacle of Thomaston, which is partnering with Inc. on the lawsuit. Wilkins said he has a constitutional right to be armed in church, which is now prohibited under state law. ...
Read it here.

Wednesday, August 4, 2010

[LA] State's guns-in-church law draws interest

From Louisiana:
Capt. Kenny Sanders' phone hasn't stopped ringing since Louisiana Gov. Bobby Jindal signed the "gun-in-church" bill into law July 6.

House Bill 1272, sponsored by Rep. Henry Burns, allows churches or other religious institutions to authorize people with concealed weapons permits and who have passed the required training to bring weapons into houses of worship as part of a security force.

"My phone has rung no less than 20 times a day with inquiries about what does the law actually mean, who can actually carry the weaponry, what type training is required for people to carry the gun," said Sanders, director of the Caddo Sheriff's Regional Law Enforcement Training Academy.

Sanders said many people are under the misconception that just having a concealed handgun permit allows them to carry a gun into a house of worship.

That's just the first step.

Once the permit is obtained, the person must be approved, authorized and announced to the church, plus participate in eight hours of initial tactical training and eight more hours annually.

The sheriff's office began offering security training for church employees about nine months ago, and Sanders estimates about 30 churches have taken advantage of the program so far. ...
Read the rest here.

Tuesday, August 3, 2010

[MI] State Supreme Court rules self-defense is defense against charge of felon-in-possession

From Prof. Eugene Volokh:
Friday, the Michigan Supreme Court handed down an interesting case — People v. Dupree on this. The case is not novel, and my sense is that the defense is generally recognized: Just as what would otherwise be the crime of murder, attempted murder, battery, and the like might be justified if done in defense against an imminent threat, so a felon’s taking possession of a gun is justified if done in defense against an imminent threat. (The defense does not apply to a felon’s arming himself against a possible threat of attack at some indefinite future time.) ...
Read the court's opinion here.

Monday, August 2, 2010

[NH] Governor vetoes gun-sales license bill

From the Granite State:
CONCORD – Urged on by police chiefs, Gov. John Lynch vetoed legislation Monday that would have scrapped the ability of cities and towns to license handgun sales, legislation that was sponsored by a leader of Lynch's own Democratic Party.

The veto keeps intact a law that gives cities and towns the option to license sellers of pistols and revolvers.

The sponsor of the legislation called local licensing redundant because the federal government already licenses firearm dealers and regulates firearm sales. State Rep. Daniel Eaton, the House majority floor leader, also said local licensing is not uniformly applied. And he warned that towns could use it punitively or for zoning purposes.

"I think it's a wasted veto, it's a non-issue," said Eaton, of Stoddard. "I don't get it." ...
Read the rest here.

Saturday, July 31, 2010

Gun Control Advocates Make up Facts about Concealed Handgun Laws

From John Lott, writing at Big Government, on the lies of the anti-gunners:
People walking the streets armed with guns must be dangerous, right? The Brady Campaign and the Violence Policy Center keep claiming [1] that even those individuals who have legally obtained permits to carry concealed handguns are extremely dangerous. With millions of Americans already having been issued such permits from the various states, this is an important issue.

The gun control organizations have frequently made these claims in the press. The Associated Press articles by Erik Schelzig [2] and by Jim Abrams [3] have given extensive, uncritical coverage. Members of the gun control organizations have made these claims unchallenged on such places as Fox News [1] and on the Huffington Post [4]. But the gun control advocates inaccurately describe many shooting cases, choosing to ignore that the majority of incidents involve people properly defending themselves.

Over the past three years, the number of active permit holders in the United States has gone from about 5 million [5] to more than 6.2 million today. The numbers issued by the state regulatory agencies show time after time that these permit holders abide by the law.

Take Florida [6], which currently has the most concealed handgun permit holders in the country and is one of the two most populous states with right-to-carry laws. Between Oct. 1, 1987, and May 31 this year, permits had been issued to 1.8 million people. On average, the permits had been held for quite a long time, well over 10 years. For all those individuals across the more than 22 years of legal carry, there were only 167 cases where the permit was revoked for a firearms related violation, or about 0.01 percent of permit holders. While the state doesn’t provide a precise breakdown of the reason for those revocations, the vast majority were apparently for people who accidentally carried their concealed handgun into a gun-free zone, such as an airport or school.

Throughout the past 30 months, beginning January 2008, only three additional permit holders have had their permit revoked for a firearms-related violation. With more than 739,000 active permit holders, that is an annual revocation rate of 0.00017 percent. ...
Read the rest here.

Friday, July 30, 2010

[MI] When Gun Law Doesn’t Mean What It Says

From Michigan, on open carry:
One of the interesting things about teaching and practicing gun law is the fact that this area of law is not well-settled.

It is cutting-edge, developing law. For example, readers may be aware that only very recently did the US Supreme Court rule, in McDonald v Chicago, that the Second Amendment applies to the states.

Rather than being the end of the debate, that ruling led to Chicago adopting the most restrictive gun control regime in the United States, which was almost immediately challenged in court. The new case, and others like it, will help to define the outlines of our Second Amendment rights by forcing courts to rule on what restrictions are reasonable.

We have similar issues of Michigan law currently being played out in Michigan courts. One of them is the right of CPL (Concealed Pistol License) Holders to carry openly in places where others are prohibited from possessing firearms. ...
Read the rest here.

Thursday, July 29, 2010

[AZ] Permitless concealed carry, knife preemption laws take effect

Beginning July 29, 2010 Arizona no longer requires a permit to carry a concealed weapon (other than in an establishment that serves alcoholic beverages). Permits are still available for those who wish to carry in restaurants that serve alcohol, and for reciprocity purposes while traveling to other states.

In addition, Arizona's new knife preemption law also takes effect today. This law, similar to the firearms preemption law already in effect, prohibits local governments from regulating knife carry to any extent greater than state law. Any such local regulations and ordinances currently on the books are now null and void.

Read the text of the new Constitutional Carry (permitless concealed carry) law, Ariz. Rev. Stat. 13-3102, here.

From The Arizona Republic:
Today is the day gun-rights advocates have had in their sights for a long time.

Starting today, Arizona residents at least 21 years old can carry a concealed weapon without a permit.

The change is part of a broad weapons law by state Sen. Russell Pearce passed by the state Legislature in April that eases restrictions on concealed carry and stiffens penalties for committing a crime while carrying a concealed weapon.

The law is one of many passed by the state Legislature this past session that go into effect today.

Arizona joins Alaska and Vermont as the only states to allow concealed weapons without a permit. ...
Read the rest here.

[CA] Tehama sheriff leads gun rights suit

From California:
Tehama County Sheriff Clay Parker is passionate about citizens’ rights to bear arms.

So much so, he is the lead plaintiff in a lawsuit recently filed in Sacramento by the National Rifle Association/California Rifle and Pistol Association Foundation Legal Action Project challenging state Assembly Bill 962.

When the bill was signed into law by Gov. Arnold Schwarzenegger last year, the governor said it “requires vendors of handgun ammunition to keep a log of information on handgun ammunition sales, store ammunition in a safe and secure manner, and require the face-to-face transfer of ammunition sales.”

“The bill is too broad,” Parker said. “What is handgun ammunition? If you ask, no one could tell you. Some people may say a .357 shell is handgun ammunition, but I have a .357 rifle. This bill has to be defined better.”

This isn’t the first time Parker has taken action on the issue of firearms legislation. He took an active part in the lawsuit against Chicago’s long-standing ban on handguns, a case that went all the way to the U.S. Supreme Court. The court struck down the ban in June.

“I will continue to fight laws infringing a citizen’s right to bear arms,” Parker stated. “If a law could really do some good, okay. But when they pass laws affecting law abiding citizen’s not the criminals, that is not okay.” ...
Read the rest here.

Wednesday, July 28, 2010

[IL] Chicago gun lawsuit plaintiffs apply for permits

From the anti-gun hellhole known as Chicago:
Two years after filing a lawsuit that ultimately forced the city to dismantle its 28-year-old handgun ban, Otis McDonald walked into a police station Monday and applied for a permit allowing him to keep a gun at home.

The process took only 20 minutes, but McDonald said some of the requirements to obtain the permit seemed excessive. And though a gun permit was worth any price for him, he said he is concerned that the $100 fee could deter some law-abiding citizens from buying a handgun.

The city's new gun ordinance, enacted after the U.S. Supreme Court gutted the law that banned handguns, allows each eligible gun owner in a home to buy one handgun a month. Each handgun requires a $100 permit that must be renewed every three years. Gun owners also are required to register all their guns with the city, at a cost of $15 per gun every three years.

"The process itself was not bad," said McDonald, who initially plans to buy a .45-caliber handgun for his Morgan Park home. "But the unreasonable thing was the $100 many people will not be able to afford. And that's a shame because they will continue to be vulnerable to the drug dealers and gangbangers." ...
Read the rest here.

Thursday, July 22, 2010

[IA] Judge orders Iowa sheriff to complete course on Constitution after concealed-carry denial

From the Hawkeye State:
A federal judge has lambasted an Iowa sheriff for denying a gun permit to an outspoken government watchdog and anti-abortion advocate whom some in the area considered "weird."

It was wrong for Osceola County Sheriff Douglas Weber to deny Paul Dorr of Ocheyedan a permit to carry a concealed weapon three years ago, according to a court ruling issued Wednesday.

U.S. District Judge Mark Bennett also ordered Weber to successfully complete a court-approved course on the U.S. Constitution within five months.

"In denying (Dorr) a concealed weapons permit, Sheriff Weber single-handedly hijacked the First Amendment and nullified its freedoms and protections," Bennett wrote in the ruling.

Anger over the sheriff's denial of the gun permit was a factor in inspiring some grass-roots activists to push for changes to Iowa's weapons law. Starting Jan. 1, a new law requires sheriffs to issue gun permits except under a narrow set of circumstances.

Bennett ruled that Weber's denial of Dorr's gun permit in 2007 trampled his free speech rights because the sheriff was retaliating against Dorr for publicly protesting, passing out leaflets and writing letters to newspaper editors on a variety of topics.

"The court finds a tsunami, a maelstrom, an avalanche, of direct uncontroverted evidence in Sheriff Weber's own testimony to conclude beyond all doubt that he unquestionably violated the First Amendment rights of ... Paul Dorr," Bennett wrote in the decision. ...
Read it here.

[via Hotair]

Monday, July 12, 2010

[GA] Georgia minister sues to take guns to church

From the Peach State:
A Thomaston minister and a gun rights advocacy group is filing lawsuit challenging Georgia’s prohibition against guns in church, a move that was predicted after the U.S. Supreme Court ruled last month the Second Amendment's guarantee of an individual right to bear arms applied to state and local gun control laws.

“They had indicated they would do that,” Alice Johnson, executive director of Georgians for Gun Safety, a group that supports more restrictions on weapons, said of the suit which is to be filed in Upson County.

The suit, mailed Friday to the Superior Court in Upson County, is brought by; the Baptist Tabernacle of Thomaston; Ed Stone, the president of and the Rev. Jonathan Wilkins. The suit lists Upson County and the state as defendants.

Those for less as well as more restrictions on guns had said last month places of worship would be the next battle over where permitted gun owners can take their weapons. Georgia law was changed this year to remove the prohibitions of guns at “public gatherings” but it banned firearms in certain places – places of worship, government buildings, schools, nuclear power plants and bars without the owner’s permission. ...
Read the rest here.

Saturday, July 10, 2010

[LA] Gun Control Advocates Decry Louisiana's New Law Allowing Churchgoers to Pack Heat

From the Pelican State:
Gun control supporters are up in arms over Louisiana's new law allowing churchgoers to pack heat along with their Bibles.

Gov. Bobby Jindal gave his blessing this week to churches, synagogues and mosques to allow concealed handguns on their premises, overturning a state ban.

"The governor's position on the Second Amendment is not new," Jindal spokesman Kyle Plotkin said in a written statement to "He sides with the constitutional rights of law-abiding gun owners."

Supporters of the measure say it can be a deterrent against criminal activity in church and will give an option to ministers and pastors to incorporate concealed handguns into their security plans.

Opponents argue it's inappropriate to have concealed handguns in church.

Places of worship that invite concealed guns will have to inform their members of the decision and anyone wishing to carry one will have to take an extra eight hours of tactical training each year – a requirement that doesn't mollify gun opponents. ...
Read the rest here.