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CA: Court won't revisit California concealed weapon permits case
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California counties can't require gun owners to show good cause beyond the need for self-defense to get a concealed weapons permit after a federal appeals court on Wednesday let its previous ruling stand on the issue.
Most of California's 58 counties had the requirement, and some were awaiting the outcome of the appeal to the 9th U.S. Circuit before changing it. |
How Police Officers Are Trained to Know Which of Your Belongings Are Most Worth Seizing
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Police officers are trained to know what property of yours makes the most sense to seize.
Let us explain. The Heritage Foundation has written much about a law enforcement tool known as civil asset forfeiture, which allows police departments to generate revenue from the seizure of money, cars, homes or anything else of value which they allege is connected to criminal activity.
Just looking at the numbers and reading the anecdotes, it is clear that law enforcement authorities are often tempted to prioritize their enforcement efforts where it is most profitable—but thanks to the Institute for Justice and The New York Times, we now know that this is not the result of a few rogue officers.
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NY: Ex-NYPD Officer Dubbed ‘Cannibal Cop’ Sentenced To Time Served
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A former New York City police officer acquitted of conspiring to kidnap, kill and eat women has been sentenced to time served for his conviction on a minor charge.
Gilberto Valle was sentenced Wednesday for unlawfully accessing a federal database. He also received one year of probation. He must continue to seek mental health treatment and cannot contact women involved in the case.
Prosecutors say they are appealing Judge Paul Gardephe’s decision to override a jury verdict and order Valle acquitted of conspiracy.
Valle was dubbed the “Cannibal Cop” by tabloids after his 2012 arrest. Jurors heard evidence that he conversed online with strangers about killing and cooking his wife and others in a cannibalism plot.
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CA: Court: County wrong to require cause beyond self-defense to get concealed weapons permit
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California Attorney General Kamala Harris had asked the appeals court to reconsider the ruling. But the 9th Circuit found Wednesday that Harris had waited too long to intervene in the case that began four years ago.
Harris asked to intervene after San Diego Sheriff William Gore said he would not appeal the February ruling.
David Beltran, a spokesman for the attorney general's office, said it was reviewing the 9th Circuit ruling to determine if it should appeal. |
OH: Gun law overhaul could go to Kasich
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In the few weeks remaining in the legislative session, lawmakers may send Gov. John Kasich a bill eliminating the legal duty of Ohioans to retreat from danger before using deadly force to protect themselves.
“A person facing a life-threatening situation should not have a duty to flee and hope for the best,” Rep. Terry Johnson (R., McDermott) told the Senate Civil Justice Committee weighing his bill containing numerous changes to Ohio gun laws.
“They should have the right to protect themselves and protect their loved ones.”
House Bill 203 passed the House nearly a year ago by a bipartisan vote of 63-27. It has drawn comparisons with Florida’s controversial “Stand Your Ground” law. |
CA: Court won't revisit concealed weapon permits case; Sheriff Prieto weighing options for Yolo County
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Harris' office wouldn't comment Wednesday except to say, "We are reviewing the ruling."
The attorney general has also asked the 9th Circuit to reconsider a separate, but similar, ruling that struck down Yolo County's concealed weapons policy as too restrictive. The 9th Circuit hasn't ruled on that matter.
State law requires concealed-carry permits applicants to show "good moral character," take a training course and establish "good cause." But it's up to county sheriffs to define "good cause," and sheriffs have set a wide range of policies. |
How not to think about gun control laws (or speech restrictions)
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I posted yesterday about a case (in which I’m consulting) that challenges Cal. Civil Code § 26820:
No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.
This drew an odd comment that struck me as worth analyzing:
Just what the nation needs, an opening door to the prospect of a literal arms race conducted with TV commercials touting the firepower advantages of various semi-autos. |
CA: Ninth Circuit Denies California Appeal: Eased Concealed Carry Requirements Stand
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On February 13 Breitbart News reported that a three-judge panel of the Ninth U.S. Circuit Court of Appeals struck down California's "good cause" requirement for concealed carry permits in the state.
Two weeks later, California Attorney General Kamala appealed, asking for the full 11-judge panel to hear and reverse the decision. Her request for appeal was joined by The Brady Campaign to Prevent Gun Violence.
On November 12 the Ninth Circuit rejected Harris' appeal. |
Guns Make Homes Safer, Say a Record High Percentage In U.S.
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In 2014, reports Gallup, 63 percent of Americans consider having guns at home to make them safer, compared to 35 percent in 2000. Only 30 percent say that makes their homes more dangerous, down from 51 percent in 2000. Republicans have seen the greatest increase in support for the idea that guns make you safer, from 44 percent to 81 percent. But Independents increased their support for that idea from 35 percent to 64 percent. Democratic support rose from 28 percent to 41 percent.
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CA: Concealed gun ruling stands: Foes can't fight loosening of California permit standards
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Even with Wednesday's ruling, the February decision still won't take effect until the case is sent back to the federal district court in San Diego. Harris and her allies still could seek permission to join the case from an 11-judge "en banc" 9th Circuit panel or from the U.S. Supreme Court.
Whether this case is final or not, appeals still pending in similar cases -- including one from Yolo County -- could still imperil this ruling, said Chuck Michel, attorney for the California Rifle and Pistol Association, which is among this case's plaintiffs. "We would welcome Supreme Court review ... to resolve this important issue."
Harris' office wouldn't comment Wednesday except to say, "We are reviewing the ruling." |
CA: Federal Court Rejects California Appeal, Reaffirms Second Amendment Victory Over Conceal-Carry Restrictions
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But that request fell flat today at the 9th Circuit. "Considering each of the relevant factors," the 9th Circuit said, "we conclude that the movants have not met the heavy burden of demonstrating 'imperative reasons' in favor of intervention on appeal."
The upshot is that with both San Diego and the state government now out of the picture, there is no longer any party left with potential standing to challenge the 9th Circuit's decision. Peruta's holding that "the right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense" is now the law of the land in both California and the rest of the territory covered by the 9th Circuit. |
Gun Test: Taurus Protector Poly
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Revolvers are typically viewed as being traditional, but a look through history reveals they often have been at the forefront of advancements in technolgy, design and practical concepts. The idea of having multiple rounds at your disposal, without reloading, to deal with a bad situation was made a widespread reality by the revolving cylinder. Many underlying principles of personal protection such as holster carry, presentation and close-range shooting techniques were developed and then refined with the revolver. |
TX: Competing open carry bills could lead to fireworks in 2015
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The Eighty-fourth Texas Legislature will ultimately consider two very different versions of the proposed law. House Bill 106 by state Rep. Dan Flynn (R-Canton) would expand CHL policy to allow license holders to carry handguns either openly or concealed. House Bill 195 by state Rep. Jonathan Stickland (R-Bedford) would allow so-called "constitutional carry," in which anyone legally able to purchase a gun would be permitted to carry it in the open or concealed.
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IA: Proposed Firearms Ban Defeated
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Thanks to your help, a proposed ordinance to ban carrying of weapons on city property was defeated in Tama on Monday, November 3 3014.
The city council voted 3-0 to remove this proposal from its agenda, preventing a second reading and vote. As reported earlier this week, this proposed ordinance would have banned individuals from carrying a firearm on city property and in municipal buildings, in spite of Iowa’s firearms preemption law which reads:
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Weapons in crowds, why not?
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Mark A. Taff
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Recently two people were robbed at gunpoint while walking to their car after attending the North Carolina State Fair. Thankfully no one was injured, but the controversy has been brewing ever since North Carolina Agriculture Commissioner Steve Troxler and Superior Court Judge Donald Stephens banned guns at the annual event.
Well, I think that, just maybe, if we all looked at the facts behind crimes and criminal behavior a little differently, we (especially lawmakers) might make different decisions regarding public safety. |
AL: Voters Strongly Support Alabama’s Hunting Heritage & Second Amendment Rights
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Mark A. Taff
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Sportsmen and Second Amendment supporters in Alabama have reason to celebrate after voters ratified the NRA-backed Right to Hunt and Fish state constitutional amendment by an overwhelming 80 percent on Election Day.
Thank you to all who supported the NRA’s efforts to pass this meaningful pro-hunting amendment. As a result, current and future generations of sportsmen in Alabama will enjoy permanent protection of our rich hunting heritage.
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