Tag: 2nd amendment

South Dakota Bill Would Force Medical Cannabis Dispensaries To Warn Patients About Federal Gun Ban For People ‘Addicted To Marijuana’

South Dakota Republican lawmakers have filed a bill to mandate that state-licensed medical marijuana dispensaries post a sign at their businesses warning patients that federal law prohibits cannabis consumers from possessing firearms.

The legislation, led by Rep. Kevin Jensen (R) and Sen. Jim Stalzer (R) and 10 other legislators, comes at a time when the constitutionality of the underlying federal gun ban for marijuana consumers is being challenged in multiple courts.

Under the bill, South Dakota medical cannabis dispensaries would need to post at each entrance to their business and at each register or point of sale a sign that reads:

“WARNING: Federal law prohibits the possession of a firearm by certain individuals who are users of or addicted to marijuana. See 18 U.S.C. § 922(g).”

The measure, HB 1036, states that the warning requirement would be suspended if the attorney general certifies that “federal law no longer prohibits the possession of a firearm by certain individuals who are users of or addicted to marijuana.”

Until then, businesses that fail to post the notice would be subject to a civil penalty of $250 per day, with those fees going to state general fund.

The GOP lawmakers also filed a separate bill, HB 1024, that would require state application forms for medical cannabis cards to contain a notice of the federal restrictions on gun possession by marijuana consumers. Patients would have to sign to specifically acknowledge the warning.

The Justice Department has insisted on the necessity of the ban in numerous federal courts, arguing at points that people who use marijuana and possess guns pose a unique danger, akin to permitting people with serious mental illness to own firearms.

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California’s ‘Repugnant’ Restrictions on Public Gun Possession Just Took Effect

California’s sweeping new restrictions on public possession of firearms, many of which a federal judge enjoined this month after deeming them “repugnant to the Second Amendment,” took effect today thanks to a stay that the U.S. Court of Appeals for the 9th Circuit issued on Saturday. That means Californians with permits that notionally allow them to carry concealed handguns will have to think twice before using them, because the state has declared a long list of locations they routinely visit to be “sensitive places” where firearms are prohibited.

Senate Bill 2, which Gov. Gavin Newsom signed into law on September 26, makes it a crime for permit holders to carry their handguns in 26 categories of places, including parks, playgrounds, zoos, libraries, museums, banks, hospitals, places of worship, public transportation, stadiums, athletic facilities, casinos, bars, and restaurants that serve alcohol. The list also covers any “privately owned commercial establishment that is open to the public” unless the owner “clearly and conspicuously posts a sign at the entrance” saying guns are allowed.

S.B. 2 “turns nearly every public place in California into a ‘sensitive place,’ effectively abolishing the Second Amendment rights of law-abiding and exceptionally qualified citizens to be armed and to defend themselves in public,” U.S. District Judge Cormac Carney noted on December 20, when he issued a preliminary injunction that barred the state from enforcing 15 provisions of the law. “California will not allow concealed carry permitholders to effectively practice what the Second Amendment promises. SB2’s coverage is sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court.”

Carney was referring to the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which upheld the right to carry guns in public for self-defense. Under Bruen, states may no longer demand that residents demonstrate a “special need” before they are allowed to exercise that right. Accordingly, S.B. 2 eliminates California’s “good cause” requirement for carry permits, along with a similarly amorphous “good character” criterion. By limiting the discretion of licensing authorities, the bill notes, those changes could have opened the door to “broadly allowing individuals to carry firearms in most public areas.” Deeming that outcome intolerable, legislators instead decreed that guns may not be carried in most public areas.

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2nd Circuit Rejects New York’s Default Rule Against Guns in Businesses

The U.S. Court of Appeals for the 2nd Circuit recently upheld New York’s requirement that applicants for handgun carry permits demonstrate “good moral character,” deeming it consistent with the Second Amendment. But the appeals court enjoined enforcement of the state’s demand that applicants submit information about their social media accounts, deeming it inconsistent with the First Amendment as well as the Second.

The 2nd Circuit also delivered a mixed verdict on New York regulations that prohibit even permit holders from carrying guns in specified locations. The court rejected the state’s default rule against carrying guns in businesses open to the public while upholding several other bans on firearms in places that legislators deemed “sensitive.”

The decision by a unanimous three-judge panel, published on Friday, addresses four challenges to regulations that New York enacted after the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which upheld the right to carry guns in public for self-defense. In Bruen, the Court rejected New York’s requirement that residents show “proper cause” for bearing arms, which it said was not “consistent with this Nation’s historical tradition of firearm regulation.”

New York legislators responded by eliminating the “proper cause” criterion while retaining a reference to “good moral character,” which they defined as “the essential
character, temperament and judgement necessary to be entrusted with a weapon
and to use it only in a manner that does not endanger oneself or others.” That requirement, U.S. District Judge Glenn T. Suddaby concluded last year in Antonyuk v. Hochul, “is just a dressed-up version of the State’s improper ‘special need for self-protection’ requirement.”

Suddaby found “historical support for a modern law providing that a license shall be issued or renewed except for applicants who have been found, based on their
past conduct, to be likely to use the weapon in a manner that would injure themselves or others (other than in self-defense).” That standard, he wrote, “is objective, easily applied, and finds support in numerous analogues that deny the right to carry to citizens based on their past conduct.” By contrast, he said, New York’s “good moral character” requirement gave licensing officials “open-ended discretion” to reject applicants based on a subjective standard—precisely the situation that the Supreme Court had deemed unconstitutional in Bruen.

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Gun Owners Of America Defeats Hidden Gun Control In Military Funding Bill

When laws are debated in Congress that are too controversial to pass on their own, oftentimes sneaky politicians will attempt to place similar language into must-pass bills.

One of those must-pass bills is the National Defense Authorization Act, also known as the NDAA. The annual NDAA creates new programs, strategies, and authorizes the Department of Defense to procure new technologies.

This year, thanks to Gun Owners of America and the support of our grassroots members, we are happy to report that the proposed gun control amendments to the NDAA have been defeated.

So, you might ask, what gun control did the anti-gun politicians in Congress try to sneak into this year’s bill?

The answer is a permanent reauthorization of the Undetectable Firearms Act.

Gun Owners of America is the only pro-gun lobbying organization to historically oppose the Undetectable Firearms Act since its passage into law in 1988. 

The act itself began as an attempt to ban handguns like the Glock 17 when they were first introduced to the market in the mid-80s. At this time, polymer-framed handguns were a very new idea, and a misunderstanding about the Glock’s polymer frame prompted an idea that even though the Glock had a metal slide, its polymer frame would somehow make it undetectable to metal detectors and, therefore, be the weapon of choice for criminals.

When the act was finally passed through Congress, a compromise was made – so it did not affect any existing handguns.

Nowadays, with the advent of 3D printing, the Undetectable Firearms Act stifles manufacturers from producing smaller, lighter, and higher-performing handguns because they must meet the UFA’s weight requirement. This issue is compounded for the consumer handgun market because of the massive demand for concealed carry firearms, especially in light of the recent landmark NYSRPA v. Bruen decision.

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New York can’t stop churchgoers from bringing guns to worship: appeals court

An appeals court panel has ruled against a New York law that prohibits the carrying of firearms into houses of worship, upholding a lower court decision that blocked the law from taking effect.

On Friday, a three-judge panel of the United States Court of Appeals for the Second Circuit released a 261-page opinion regarding four cases centered on multiple challenges to New York’s Concealed Carry Improvement Act.

Regarding the Act’s provision banning concealed carry in places of worship, the panel ruled that “Plaintiffs have sufficiently alleged that the CCIA burdens their sincerely held religious practice.”

“CCIA is not neutral because it allows the owners of many forms of private property, including many types of retail businesses open to the public, to decide for themselves whether to allow firearms on the premises while denying the same autonomy to places of worship,” stated the ruling.

“By adopting a law that applies differently as to places of worship (alongside the other enumerated sensitive places) than to most other privately owned businesses and properties, the CCIA is, on its face, neither neutral nor generally applicable.”

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Medical Marijuana Growers And Caregivers Can Own Guns, But Patients Can’t, FBI Says In Little-Noticed Memo

Being a state-registered medical marijuana caregiver or grower doesn’t automatically disqualify a person from owning a firearm, the FBI says. But merely possessing a medical cannabis card as a patient does render a person ineligible.

Amid the growing tension between federal gun policies and the ever-expanding state marijuana legalization movement, a little-noticed FBI memo from 2019 offers a lens into the byzantine legal interpretations surrounding cannabis and firearms—an issue that’s recently been raised in multiple federal court cases.

The government has several different ways it assesses firearm eligibility in the context of cannabis, according to the memo from FBI’s Criminal Justice Information Services (CJIS) Division, which was briefly noted in a report from The New York Times last week. In some cases, that involves affirmatively restricting gun rights based on activities or documentation that doesn’t necessarily mean a person is an active marijuana consumer.

At their core, the federal rules say that being an “unlawful user” of a controlled substance, including marijuana, means a person cannot buy or possess a gun. Would-be gun purchasers are required to disclose such use as part of a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form before making a purchase, and lying on that form is a felony offense.

The statute behind that prohibition has been challenged in a number of federal courts over the past couple of years, with more than one judicial body determining that the restriction is unconstitutional. The Department of Justice (DOJ) has steadfastly defended the ban, however, contending that medical marijuana patients and everyday consumers pose unique dangers to society that justify withholding Second Amendment rights.

But the federal government’s interpretation of the policy is apparently more nuanced, as evidenced by the memo from CJIS’s National Instant Criminal Background Check System Section that’s gone largely unscrutinized since being published more than four years ago.

A person’s firearm eligibility is partly determined by whether their use of a controlled substance is deemed “current.” FBI says that’s “not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate the individual is actively engaged in such conduct.”

“ATF has determined that the present time is represented by the time frame of within the past 12 months,” the memo says.

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Judge Rules Federal Ban on Handgun Sales to 18- to 20-Year-Olds Unconstitutional

A recent ruling by Judge Thomas Kleeh, appointed by former President Donald Trump and chief judge of the United States District Court for the Northern District of West Virginia, has overturned the Biden administration’s attempt to prevent adults aged 18 to 20 from purchasing handguns.

This decision emerged from the case of Steven Robert Brown and Benjamin Weekley, who were prohibited from buying guns under the administration’s directive.

The ruling said that “Plaintiffs’ conduct — the purchase of handguns — ‘fall[s] [within] the Second Amendment’s ‘unqualified command’ and the challenged statutes and regulations are not ‘consistent with the Nation’s historic tradition of firearm regulation,’” and that a rule barring Brown and Weekley from buying handguns was “facially unconstitutional and as applied to Plaintiffs.”

The decision relied heavily on the standard set by the 2022 U.S. Supreme Court decision in New York State Rifle and Pistol Association Inc. vs. Bruen that required any gun control law to have its roots in the historical tradition of firearms regulation.

Kleeh noted that under Bruen, ‘‘To justify its regulation, the government may not simply posit that the regulation promotes an important interest.” He added that ‘‘the government must demonstrate that the regulation is consistent with the Nation’s historic tradition of firearm regulation. Only if a firearm regulation is consistent with the Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’”

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California Defies SCOTUS by Imposing Myriad New Restrictions on Public Gun Possession

A California law that is scheduled to take effect on January 1 will impose a host of new restrictions on public possession of firearms. That may seem counterintuitive, since Senate Bill 2 is the state legislature’s response to the U.S. Supreme Court’s June 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which upheld the Second Amendment right to carry guns for self-defense outside the home. But California, like several other states with discretionary carry-permit policies that had to be revised because of Bruen, is attempting an end run around that decision by simultaneously making permits easier to obtain and much harder to use.

In Bruen, the Supreme Court said states may not require permit applicants to demonstrate “a special need for self-protection distinguishable from that of the general community.” Accordingly, S.B. 2, which Gov. Gavin Newsom signed into law on September 26, eliminates California’s “good cause” requirement, along with a similarly amorphous “good character” criterion (although it still disqualifies applicants deemed “reasonably likely” to pose a danger to themselves or others). By limiting the discretion of licensing authorities, S.B. 2 notes, those changes could have opened the door to “broadly allowing individuals to carry firearms in most public areas.” Deeming that outcome intolerable, legislators instead decreed that guns may not be carried in most public areas.

Copying the constitutionally dubious approach taken by states such as New York, New Jersey, Maryland, and Hawaii, S.B. 2 designates myriad locations as “sensitive places” where guns are not permitted. It also establishes a default rule that people may not bring guns into a business unless the owner “clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property.”

As a federal lawsuit challenging those rules notes, the law “turns the Bruen decision on its head, making nearly every public place in California a ‘sensitive place’ (in name only)” and “forbidding firearm carry even after someone has undertaken the lengthy and expensive process to be issued a concealed handgun license.” California’s gun-free zones  “include every park and playground, every hospital, all public transportation, any place that sells alcohol (which, in California, includes most gas stations and convenience and grocery stores), all land under the control of the Department of Parks and Recreation or the Department of Fish and Wildlife (with exceptions for hunting), libraries, churches, banks, and many more.” S.B. 2 “even transforms private businesses into ‘gun-free zones’ by default, imposing an unprecedented affirmative duty on private business owners to post signage to authorize people exercising an enumerated constitutional right to enter the property.”

As a result, says the complaint in May v. Bonta, “Californians who desire to exercise their enumerated right to carry are essentially limited to some streets and sidewalks (so long as those public places are not adjacent to certain other ‘sensitive’ places), plus a few businesses willing to post a ‘guns allowed’ sign at the risk of potentially losing other customers by doing so.” The law “creates a patchwork quilt of locations where Second Amendment rights may and may not be exercised, thus making exercise of the right so impractical and legally risky in practice that ordinary citizens will be deterred from even attempting to exercise their rights in the first place.”

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Laws Requiring Permission to Obtain Guns Look Vulnerable

According to a landmark 2022 Supreme Court decision, the Second Amendment constrains the requirements that states may impose on residents who want to carry guns in public for self-defense. It stands to reason that the same is true of the steps that people must take to acquire guns in the first place.

That is essentially what the U.S. Court of Appeals for the 4th Circuit concluded last week, when it ruled that Maryland’s handgun licensing system is inconsistent with the right to keep and bear arms. The case exemplifies a new front in constitutional challenges to gun control laws under the Second Amendment test that the Supreme Court established last year.

To pass that test, a law must be “consistent with this Nation’s historical tradition of firearm regulation.” But Maryland’s law, which requires would-be handgun owners to complete a process that can take up to 30 days, bears little resemblance to regulations enacted in the 18th or 19th century.

Maryland is one of 14 states that require background checks for all firearm purchases, whether or not the seller is a federally licensed dealer. Since 2013, Maryland has imposed an additional requirement on handgun buyers: They must first obtain a “handgun qualification license,” which entails completing at least four hours of firearm training and undergoing a seemingly redundant “investigation” aimed at screening out people who are legally disqualified from owning guns.

Maryland argued that its law fits a tradition of disarming “dangerous” individuals, such as people with felony records, illegal drug users, and people convicted of domestic violence misdemeanors. But even assuming those categories of “prohibited persons” are validated by long-standing practice, 4th Circuit Judge Julius Richardson said, Maryland’s statute goes further by “preemptively disarming every person until they can each prove that they are not dangerous,” which “burdens a far broader swath of people.”

Writing in dissent, Judge Barbara Milano Keenan highlighted the Supreme Court’s distinction between “may issue” laws like New York’s, which required carry-permit applicants to demonstrate “proper cause,” and “shall issue” laws, which make permits available to all applicants who meet “objective criteria.” Maryland’s licensing system for handgun buyers falls into the latter category, Keenan said, which suggests the Court would be inclined to uphold it.

While the Supreme Court did indicate that “shall issue” laws could be consistent with the Second Amendment, it also noted that “any permitting scheme can be put toward abusive ends.” It therefore did not rule out “constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.”

Although it’s not clear what counts as an unacceptably “lengthy” time to wait for permission to obtain a firearm, the 4th Circuit majority thought a month was too long. If so, the laws of other states that license gun buyers could be vulnerable.

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