Tag: 2nd amendment

Washington State Democrats: Using Ammo A ‘Privilege’ That Needs To Be Taxed

The first month of the Washington Legislature’s 2024 session is ending with a slew of Democrat-backed gun control proposals, including a new measure to tax people who have the “privilege” of using ammunition.

House Bill 2238, sponsored by Democratic state Reps. My-Linh Thai and Liz Berry, would create an 11 percent tax on the retail sale of ammunition across the state in addition to all existing federal, state, and local sale and use taxes, with the exception of sales to governments for the purposes of supplying law enforcement agencies.

Instead of recognizing the purchase of ammunition as an integral part of the Second Amendment right to keep and bear arms, the language of the bill classifies it as a “privilege.”

“A use tax is levied on every person in this state for the privilege of using ammunition as a consumer at the rate of 11 percent of the selling price,” the bill reads.

The stated reason behind the proposal is to help reduce “gun violence,” or deaths involving guns—most of which are suicides.

“Gun violence remains a persistent health and safety threat for people across our state,” the bill’s authors wrote, admitting that nearly seven out of every 10 gun deaths in Washington are suicides..

“Data from the Washington office of firearm safety and violence prevention show that, in 2021, 69 percent of all firearm-related deaths were suicides,” they wrote.

Revenue from the proposed tax would go to funding suicide prevention programs, as well as programs aimed to reduce “firearm-related domestic violence.”

Ms. Berry, a gun control advocate who previously worked for former Rep. Gabby Giffords as her legislative director when the Democrat congresswoman was shot in the head in Tucson in 2011, also co-sponsored at least five other measures targeting guns.

Those proposals include House Bill 1902, which would apply requirements similar to those for a licensed concealed handgun carrier to all potential gun buyers in Washington. In addition to live-fire training, it would make fingerprinting a mandatory prerequisite to all Washington residents who wish to obtain a gun permit.

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Insiders: Biden admin. working to ban private sales of gun sales

Sources inside the federal Bureau of Alcohol, Tobacco and Firearms (ATF) say the White House has directed the agency to draft a document supporting an effective ban on private sales of firearms.

That’s according to the watchdog group, Empower Oversight.

Empower Oversight is requesting records related to what it calls the “unconstitutional measure.”

According to the sources, “at the direction of the White House, the ATF has drafted a 1,300-page document in support of a rule that would effectively ban private sales of firearms from one citizen to another by requiring background checks for every sale. The document’s drafting is reportedly being overseen by Senior Policy Counsel Eric Epstein, who worked as the Phoenix Field Office’s Division Counsel during Operation Wide Receiver (a precursor of Operation Fast and Furious).”

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Massachusetts Senate Unveils Sweeping Gun Control Bill

The only bits of good news about the “SAFER Act” that I can find is that the gun control bill introduced by the Massachusetts Senate on Thursday does not include a live-fire training mandate in order to obtain a gun license, nor does it impose a lengthy list of new “gun-free zones” in the state. But while S2572 may have a slightly narrower focus than its House counterpart (nicknamed the Lawful Citizens Imprisonment Act by the Gun Owners Action League), it’s still aimed mostly at lawful gun owners instead of the real perpetrators of most violent crime in the state.

Under S2572 Massachusetts residents would need a license to manufacture firearms before they could build a gun using a 3D printer, the state’s ban on so-called assault weapons would be codified to fit the Attorney General’s interpretation of the law (which renders most semi-automatic long guns illegal to manufacture, sell, and transfer), and a new civil cause of action would be created allowing individuals to sue gun makers and sellers over “the marketing of unlawful firearm sales to minors”; something that wouldn’t be an issue were it not for the fact that anti-gunners view almost every bit of marketing by gun companies as if it was targeted to those too young to legally purchase a firearm.

The only new “gun-free zones” established by S2572 would be government administration buildings, and local municipalities would be able to opt-out of the ban and allow lawful carry if they choose. That’s a far different approach than what we’ve seen in other anti-gun states like California, New York, New Jersey, and Maryland, where lawmakers enacted so many new “sensitive places” that the right to carry would be largely limited to a few sidewalks and streets, but given the other provisions in the legislation its hardly something to cheer about.

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Biden Capitalizes On Uvalde Massacre Report With Ludicrous Gun-Control Plan

Almost two years after a shooter murdered 21 people at Robb Elementary School in Uvalde, Texas, the Department of Justice released a 575-page report on Thursday. The document confirmed what we already knew from Texas’ report last July. The police made serious mistakes and shouldn’t have waited outside the classroom. There is one big difference between the two reports. The Justice Department report starts its executive summary by emphasizing that the attack used “an AR-15 style assault rifle.”

But what can we do when the police don’t save the day?

Mass Murderers Pick Soft Targets

With guns being banned at the Uvalde school, there was little prospect of teachers or staff fighting back. Had the school allowed guns, the shooter might not have attacked at all. After reading the Nashville Covenant School murderer’s manifesto last year, Nashville Police Chief John Drake revealed: “There was another location that was mentioned, but because of a threat assessment by the suspect of too much security, they decided not to.”

The killer considered two public schools but passed on them because “the security was too great to do what she wanted to do,” according to Nashville City Council member Robert Swope.

Twenty states already allow teachers to carry concealed handguns. In Utah and New Hampshire, any teacher with a concealed handgun permit can carry. In other states, it is up to school boards or superintendents to decide. And there have been no shootings in schools with armed teachers.

The reports focus on the failure of police. It is understandable that police are fearful of running toward an attacker. Teachers in the classroom, however, have no choice but to defend their lives and the lives of their students.

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Pennsylvania District Attorney Sues Federal Government Over Gun Ban For Medical Marijuana Patients

A Pennsylvania district attorney and gun rights advocates have filed a lawsuit in federal court seeking to overturn the ban preventing medical marijuana patients from buying and possessing firearms—the latest in a series of legal challenges to the policy.

Warren County, Pennsylvania District Attorney Robert Greene, a registered medical cannabis patient in the state, teamed up with the Second Amendment Foundation (SAF) to file suit against the federal government in the U.S. District Court for the Western District of Pennsylvania on Tuesday.

This comes as the question over the constitutionality of the federal gun ban for people who use marijuana is now before the U.S. Supreme Court, which is considering taking up the issue.

The new lawsuit names U.S. Attorney General Merrick Garland, as well as the heads of the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as defendants. This represents what the lead attorney for the plaintiffs believes to be the first civil, rather than criminal, challenge to the federal statute.

Greene’s participation in the case is especially notable. The court filing states that the local prosecutor “intends to lawfully purchase, possess, and utilize firearms and ammunition so that he may exercise his constitutional right to keep and bear arms for self-defense and all other lawful purposes.” But he’s barred from doing so under federal statute because of his status as a state-certified medical cannabis patient.

The prosecutor announced late last month that he will not be seeking re-election and will be turning his focus to advocacy on medical cannabis patient rights issues.

Unlike the various previous court cases challenging the constitutionality of the gun ban for plaintiffs who have been criminally prosecuted, with a civl suit like this, “you’re looking at a challenge on behalf of people that are just asserting that this prohibition is unconstitutional, either on its face or as applied—’as applied’ meaning to that individual only,” Adam Kraut, lead attorney for the plaintiff and executive director of SAF, told Marijuana Moment on Tuesday.

“What I’m hoping is not only to win in our lawsuit, but that it sparks the federal Congress to do something and solve this problem because you have millions of Americans who are disenfranchised from their Second Amendment rights, being forced to choose either between treating their symptoms with medical marijuana or exercising their constitutionally guaranteed right,” he said. “That’s not an acceptable.”

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Prosecutors Urge Judge Not to Dismiss Gun Charges Against Hunter Biden After FBI Found Cocaine Residue on His Gun Pouch

The gun charges against Hunter Biden have taken a new turn as federal prosecutors are urging a judge to reject his efforts to dismiss these charges.

The prosecutors have revealed that the brown leather gun pouch used by Hunter Biden tested positive for cocaine residue.

The case delves back to 2018 when an investigation into Hunter Biden led to the discovery of the questionable substance on his gun pouch. The analysis, carried out by an FBI chemist, authenticated that the residue found was indeed cocaine. This alarming find was part of a broader court filing that was intended to bolster the case against Hunter Biden.

Last year, Hunter Biden was indicted on federal gun charges. He faced indictment in a Delaware court on three counts relating to his possession of a firearm while using drugs.

These charges include one count of making a false statement in the purchase of a firearm, one count of making a false statement related to information required to be kept by a federal firearms licensed dealer, and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

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Democrats Bring Bill to Prohibit Armed Citizen Militias

Democrat lawmakers are advancing legislation intended to prevent privately organized paramilitary and militia group activities within the United States.

Introduced by Sen. Ed Markey (D-Mass.) and Rep. Jamie Raskin (D-Md.) on Thursday, the bill dubbed the “Preventing Private Paramilitary Activity Act” would prohibit privately organized groups from “publicly patrolling, drilling, or engaging in harmful or deadly paramilitary techniques,” “interfering with or interrupting government proceedings,” or “interfering with the exercise of someone else’s constitutional rights,” according to Mr. Markey.

Their bills defines a “private paramilitary organization” as “any group of 3 or more persons associating under a command structure for the purpose of functioning in public or training to function in public as a combat, combat support, law enforcement, or security services unit.” The bill states acting with or on behalf of such a private paramilitary organization while armed with a firearm, explosive, incendiary device, or other dangerous weapon, and engaging in patrolling, training, interfering with government or constitutional rights, or assuming the functions of law enforcement without official authority.

The bill makes exceptions for members of the National Guard and other military reserve components, state guard forces, and members of other federal or state-organized groups to train in and apply paramilitary, law enforcement, and security service activity. The bill also allows for the organization of groups formed solely to conduct military reenactments, “bona-fide veterans organization with no intent to engage” in the aforementioned prohibited activities, and students in government or state-authorized educational institutions that teach military science.

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Blue State AGs Tell Biden To Block Sale Of Lake City’s 5.56 Ammo To Civilians

New York Attorney General Letitia James led a multi-state coalition of 20 attorneys general calling on the Biden administration to halt the sale of 5.56 caliber ammunition to civilians by the Lake City Army Ammunition Plant, a Missouri-based supplier for the U.S. military.

“Billions of rounds of military-grade ammunition manufactured at the Lake City Army Ammunition Plant have been sold on the commercial market, leading to their use in many of the most tragic mass shootings in recent history,” the AGs stated in a Jan. 9 letter to the White House Office of Gun Violence Prevention. “We ask your Office to conduct an investigation into the contracting processes that led to this situation, and to take action to ensure that military-grade and military-subsidized ammunition stays out of civilian hands.”

The letter was signed by AGs from Arizona, California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. While many of these states have been enacting restrictions on firearms, others, including Arizona and Vermont, maintain a tradition of relatively permissive gun laws.

However, all signatories expressed their desire to restrict civilian access to ammunition commonly used in semi-automatic AR-15-style rifles, citing in their letter mass shootings in which the 5.56 caliber was used.

“Ammunition from Lake City is manufactured for military use and does not belong in our communities,” the AGs stated, “We ask the White House to ensure that future production contracts prohibit the sale of military weapons and ammunition to civilians.”

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South Dakota Lawmakers Vote To Fine Medical Marijuana Dispensaries That Don’t Warn Patients About Federal Gun Ban

A South Dakota legislative panel advanced two bills on Friday aiming to better inform patients about federal restrictions on firearm ownership for people who use marijuana. One would require that medical cannabis patient applications include a written warning about the gun ban, while the other would mandate that informational signs be posted on-site at dispensaries while instituting daily fines for businesses that don’t comply.

Lawmakers in the state’s House Judiciary Committee approved both proposals, unanimously passing the measure to include a written warning on patient applications and voting 8–4 on requiring dispensary signs.

Both bills were introduced earlier this month, led by Rep. Kevin Jensen (R) in the House and Sen. Jim Stalzer (R) in the Senate, with multiple additional co-sponsors.

Jensen began his comments to colleagues at Friday’s hearing by saying he wanted to make it “perfectly clear that nothing in this bill precludes anyone from getting a medical marijuana card or using the card for whatever purposes.” But he pointed to federal rules prohibiting unlawful users of marijuana from obtaining guns, which he noted stretch back to 1968.

Pointing to a release from a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) official in St. Paul regarding Minnesota’s legalization of adult-use cannabis, Jensen said federal law “does not provide any exception” for state-legal medical or recreational use.

“People are just totally unaware, and they could get caught,” Jensen admonished. “I almost hate to say this, but right now, if under Biden’s administration they wanted to enforce this law universally across the country, they would probably have 40 million people that they could arrest and confiscate all their firearms and ammunition.”

“That law already exists. If they enforced it right now, that could happen,” he added. “But that’s kind of a side note. The main issue with this bill is just a notification.”

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US Appeals Court Blocks California From Banning Guns in Most Public Places

A U.S. appeals court on Jan. 6 allowed a judge’s ruling that blocked California from enforcing a new gun-control law that bans the carrying of firearms in most public places on the grounds that it was unconstitutional.

The 9th U.S. Circuit Court of Appeals dissolved an order by a different 9th Circuit panel from a week earlier that suspended an injunction issued by a judge who concluded that the Democrat-led state’s law violated the right of citizens to keep and bear arms under the U.S. Constitution’s Second Amendment.

“The administrative stay previously entered is dissolved,” the court wrote in May v. Bonta. “The emergency motion under Circuit Rule 27-3 for a stay pending appeal and for an interim administrative stay is denied pending further order of the court.”

Last week’s order temporarily stayed the injunction. It allowed the law to take effect on Jan. 1. Gun rights groups then asked the 9th Circuit to reconsider, and on Jan. 6, a different panel of judges dissolved the order, suspending the injunction.

“So the politicians’ ploy to get around the Second Amendment has been stopped for now,” C.D. Michel, a lawyer for the gun rights groups, said in a statement.

California’s appeal of the injunction will now be heard in April. The state’s attorney general, in court papers, had argued that “tens of millions of Californians will face a heightened risk of gun violence” if the law were blocked.

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