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Tester shows true regard for gun rights in Post Office bill committee meeting
Submitted by: David Codrea
Website: http://www.davidcodrea.com

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"This is a character who was rated 'A' by the National Rifle Association and voted 2011 'Legislator of the Year' by the National Shooting Sports Foundation. He says he believes in the Second Amendment and then says he doesn’t want to allow you to have a gun when you go to buy stamps?"

"Jon Tester instead sides with Mike Bloomberg and his hysterical Demanding Moms, and the Brady Campaign, and the Violence Policy Center, and the Coalition to Stop Gun Violence and...?"
 

FL: Pop-Tart school-gun bill clears first hurdle in Florida
Submitted by: Anonymous

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Legislators here are working to keep students from getting in serious trouble for simulating a weapon with harmless objects like their fingers, Pop-Tarts or Legos.
Rep. Dennis Baxley, a Republican from Ocala, Fla., said his bill is designed to bar overreactions under zero-tolerance policies designed to keep weapons out of public schools.
The bill cleared a state House panel Wednesday and would bar school districts from suspending students for "brandishing a partially consumed pastry or other food item" bitten into the shape of a weapon or "possessing a toy firearm or weapon made of plastic snap-together building blocks."
 

WI: Wis. agent: Colleagues improperly modified guns
Submitted by: Anonymous

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A former state Department of Justice drug agent accused his colleagues last year of illegally modifying their state-issued rifles, according to emails the agency released Thursday.
The Associated Press obtained the emails through an open records request for materials related to former Division of Criminal Investigation Special Agent Dan Bethards. DOJ fired Bethards in October after he accused his supervisor of weapons violations.
Bethards wrote in a January 2013 email to DCI Administrator Dave Matthews that multiple agents were shortening the barrels on their state-issued and personal rifles without registering the modifications with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
 

TX: Man Charged With Killing Burleson County Deputy No Billed by Grand Jury
Submitted by: Anonymous

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A Burleson County Grand Jury declined to indict the man who shot and killed a Burleson County Sheriff's Deputy who was serving a search warrant in December.
Investigators were executing a search warrant at Henry McGee's mobile home near Snook when the shooting happened.
News 3 takes a look at why deputies had targeted McGee's home.
28-year-old Henry Magee is no longer charged in the shooting death of Burleson County Sheriff's Deputy Adam Sowders.
A grand jury decided there wasn't enough evidence for him to stand trial on the capital murder charge.
 

FL: At Least 19 Percent of Stand Your Ground Cases Involve Child and Teen Victims
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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At least 26 children and teens have been murdered in Florida Stand Your Ground (SYG) cases and, this week, another individual will use this defense in trial for the fatal shooting of a teenager. Michael Dunn, a 46-year-old businessman, shot and killed Jordan Russell Davis, 17, in 2012 after complaining about his loud music.
 

KS: Kansas House panel delays vote on gun rights measure
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A Kansas House committee has delayed a vote on gun-rights legislation so members have more time to consider changes that include provisions punishing possession of a firearm under the influence of alcohol and drugs.

The House Federal and State Affairs Committee reviewed proposed changes Friday and plans to take the bill up again next week.
 

KS: Kan. House panel delays vote on gun-rights bill, hashes over language about drunken possession
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Kansas legislators want to ensure that carrying firearms while drunk or under the influence of drugs is illegal, so a committee has delayed a planned vote on a gun-rights bill partly to give members more time to hash out the language of such a ban.

The House Federal and State Committee had planned to vote Friday on the measure, which strips cities and counties of any power to regulate guns. But members instead spent more than an hour reviewing changes suggested by the bill's leading sponsor, Rep. Jim Howell, a Derby Republican, and postponed the vote until Tuesday.
 

OR: Giffords' husband Mark Kelly backs Oregon gun bill
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The husband of former Arizona congresswoman Gabrielle Giffords, Mark Kelly, appeared before Oregon legislators on Thursday to speak in favor of expanded background checks for gun sales, as Republicans contended the Democrat-proposed legislation is "political posturing" as Oregon's May primary nears.
 

Kelly again uses faulty examples to push gun control measure
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Former astronaut Mark Kelly’s testimony yesterday before an Oregon State Senate panel to support so-called “universal background check” legislation in the Beaver State once again relied on examples of crimes that would not have been prevented if the measure had been in place when the shootings occurred.
 

Interview with the author of the next book you need to read: ‘Negroes and the Gun’
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Fordham University Law Prof. Nicholas Johnson just wrote a book that you need to read, “Negroes and the Gun: The Black Tradition of Arms.”

The book discusses and investigates the black tradition of keeping and bearing arms for self-defense throughout history, starting with the pre-Civil War era and then working through the struggle for independence and equal rights to present day examples of responsible gun owners in the African-American community using firearms to defend their families and communities.

Below is our Q&A about the book and other gun-related issues:
 

FL: Eastern Florida changes gun policy following lawsuit
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Eastern Florida State College leaders changed a college policy today to allow individually to store a gun in their vehicle on campus.

The change comes less than a week after Florida Carry Inc., formed in 2010 to fight gun-control laws and regulations, filed a lawsuit seeking the policy change. It appears that the change will precede a settlement.

Florida Carry reviewed a draft of the policy Thursday and suggested tweaks before coming to an agreement, said Sean Caranna, executive director of the gun-rights group.
 

For the gun industry, women are the next big thing
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Guns with slim profiles, pink stocks and glittery grips are aimed at one of the industry’s fastest-growing clientele: women.
“Make it pretty and make it purple,” said Tori Nonaka, a purple-haired competitive shooter and “Glock Girl” at the SHOT Show.

Nonaka and her colleague Michelle Viscuzi, an Army veteran, were selected by the Austrian gun maker to demonstrate and sell Glock guns to distributors at the extravaganza hosted by the National Shooting Sports Foundation in Las Vegas last month.
 

MN: Indoor gun range coming to Ramsey
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A former grocery store building in Ramsey will soon attract people learning how to defend themselves.

The Ramsey City Council Jan. 28 unanimously approved a conditional use permit for a Ramsey business to construct an indoor shooting range at 6001 167th Ave. NW.
 

MD: Second Amendment Rally Draws Local Support
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Maryland Shall Issue, Maryland State Rifle & Pistol Association, and Maryland Licensed Firearms Dealers Association, together with gun owners and other groups across the state, gathered for the 2A Tuesday Rally, on February 4, 2012, on Lawyers’ Mall in Annapolis. Two local candidates for the House of Delegates, Republicans Matt Morgan (District 29A) and Deb Rey (District 29B) were in attendance.
 

KS: Kansas legislators’ gun debate includes drinking and carrying
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Rep. Jim Howell, R-Derby, is learning that as he tries to pass comprehensive gun legislation.

House Bill 2473 would make it legal to openly carry a firearm throughout the state of Kansas, striking down any municipal laws that prevent this. It also offers other protections to gun owners, such as prohibiting city governments from asking employees to disclose conceal and carry permits, as Wichita does now for employees who wish to carry.

Rep. Louis Ruiz, D-Kansas City, voiced concerns last week about people carrying guns who have been drinking. Howell tried to fix that, but his solution met with a surprising amount of scrutiny Friday at a hearing before the House Committee on Federal and State Affairs.
 

NRA, students ask Supreme Court to hear suit seeking lower carry-license age in Texas
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The U.S. Supreme Court will be deciding this month whether to hear a case that could allow people under 21 in Texas to carry firearms outside their homes.

The NRA filed suit against Steven McCraw, Director of the Texas Department of Public Safety, on behalf of three NRA members they deem responsible, but were legally too young to carry concealed firearms.

All three members — Rebekah Jennings of Boerne, Brennan Harmon of Dallas, and Andrew Payne of Lubbock – are now 21 or over.
 

WV: Sen. Sypolt sponsors Firearms Act
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A local legislator has sponsored a bill known as the West Virginia Firearms Freedom Act, which declares that any firearms made and retained in-state would be beyond the authority of Congress under its constitutional power to regulate commerce among the states.

Sen. Dave Sypolt, R-Preston, is the lead sponsor for Senate Bill No. 76, one of dozens of Firearms Freedom Acts introduced or enacted in state legislatures around the country.

Other sponsors for the legislation include Sen. Daniel J. Hall, D-Wyoming., Sen. Evan H. Jenkins, R-Cabell and Sen. Bob Williams, D-Taylor.
 

Women Gun Owner Numbers Are On the Rise and With Them...the Number of Pink Guns, of Course
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Women and guns; apparently the two go together better than you’d think. In the past few years, more and more women have been buying guns, and the industry has started to take serious notice. In fact there are now quite a few guns marketed specifically for women. Some of these are just what you’d expect: pink and glittery. Gag. But that’s not true for all of them. More important than color, “guns for her” feature slimmer grips and firing mechanisms that don’t require as much force.
 

Employee rights to store guns in cars parked in private employer parking lots
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Second Amendment, like the rest of the Bill of Rights, constrains the government, not private actors. Still, some states provide that private employers may not prohibit employees from bringing guns onto employer-owned parking lots; I blogged in 2012 about a Kentucky Supreme Court decision interpreting such a Kentucky statute.
Mullins v. Marathon Petroleum Company, LP (E.D. Ky. Feb. 5, 2014) applies this statute, but concludes that the statute isn’t violated when the employer simply requires employees to give advance notice of their in-parking-lot possession. An excerpt:
 

AZ: Proposed law wants to make elected officials to pay for adopting illegal gun laws
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Under the bill, HB 2517, courts could hit individual elected officials with civil penalties of up to $5,000 for passing an ordinance out of compliance with state law.

...

Anyone who enforces an illegal ordinance would be subject to penalties as well.

That could include the chief of police, zoning officials, the Tucson Convention Center director or anyone else involved with upholding a law.

The bill would also prohibit a city from spending taxpayer money defending an official in court. It would allow residents or organizations to sue a city or county for up to $100,000 in damages.
 

NC: Pro-Second Amendment Lawyer Alan Gura Visits Raleigh
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Federalist Society’s Triangle Lawyers Chapter cordially invites you to a luncheon featuring pro-Second Amendment litigator, Alan Gura.
Mr. Gura is a partner at Gura & Possessky in Alexandria, Va. Mr. Gura successfully argued the case District of Columbia v. Heller, where the Supreme Court held that the Second Amendment protects an individual’s right to bear arms.
 

NV: Upholding the Fourth Amendment
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Shortly after taking office as sheriff, I had several people ask me what my stance would be on Second Amendment rights and what I would do to protect them. My answer for this question is the same as my answer regarding the Second Amendment.

The first 10 amendments that comprise the Bill of Rights were drafted to preserve the sanctity of the United States Constitution. Our freedoms in this country are what define who we are, and being an American means being free. The Constitution is the standard that is supposed to be used to compare and measure all other laws. Abraham Lincoln said, "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
 

Senate panel signs off on guns on Post Office grounds
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A Senate committee unanimously passed a measure Thursday to allow people to carry guns on postal service property, but killed a broader push to let gun owners carry their firearms into actual post office buildings.

The measure from Sen. Mark Begich, Alaska Democrat, to a broader Postal Reform bill is meant to head off situations where a person could be charged with a crime if they run into the post office after hunting or shooting, for example, and leave their gun in the parking lot.
 

Second Amendment applies to carrying guns in cars
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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So say two of the three judges on an Ohio Court of Appeals panel, in State v. Shover (Ohio Ct. App. Feb. 5, 2014) (Carr, J., concurring in the judgment, with Hensal, J., agreeing on this score) (some paragraph breaks added) — and generally quite correctly, it seems to me:
 

 QUOTES TO REMEMBER
As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms. — Tench Coxe in `Remarks on the First Part of the Amendments to the Federal Constitution' under the Pseudonym "A Pennsylvanian" in the Philadelphia Federal Gazette, June 18, 1789 at 2 col. 1.

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