Tag: 2nd amendment

Open and concealed carry laws suspended in Albuquerque for 30 days

New Mexico Gov. Michelle Lujan Grisham says she is suspending open and concealed carry laws in Albuquerque and throughout Bernalillo County for the next 30 days, temporarily prohibiting the carrying of guns on public property.

The governor made the announcement during a news conference Friday afternoon.

Gov. Lujan Grisham declared gun violence a public health emergency Thursday, following the murder of an 11-year-old boy on his way home from an Isotopes game Wednesday night. That case, combined with several other violent cases involving children, sparked the decision.

The new public health order is effective Friday, Sept. 8. After 30 days, they will evaluate whether they should renew the order or make adjustments.

The public health order is a statewide mandate, but it only suspends open and concealed carry laws in communities with extremely high violent crime rates and firearm-related emergency room visits. Right now, that only includes the Albuquerque metro.

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ATF Agents Carrying Rifles Raid Oklahoma Gun Dealer’s Home, Confiscate Guns

As agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) left Russell Fincher’s house with 50 legally-owned firearms and his freshly relinquished Federal Firearms License (FFL), they offered him a tip.

“They said, ‘Tell all your FFL friends we’re coming for them next,’” Mr. Fincher told The Epoch Times.

An ATF spokesman said he could not comment on the June 16, 2023, raid at Mr. Fincher’s home in Tuskahoma, Oklahoma.

“We are not allowed to comment pertaining to ongoing investigations. I can assure you once we can discuss the case, you will be notified,” Ashley N. Stephens, resident Agent in Charge of the ATF’s Tulsa Field Office, wrote in an email to The Epoch Times.

According to Second Amendment advocacy groups, the raid indicates a coordinated effort by President Joe Biden’s administration to throttle legal gun sales to advance a gun control agenda.

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“Even One Firearm Sale” Could Land You In Jail Under Biden’s New ATF Rule

We hate to say we told you so, but it’s official. The Justice Department announced a new rule to amend ATF regulations and expand the definition of a firearms dealer to include those who sell even a single firearm. 

The original rumors of the rule suggested anyone who sold five or more firearms could have to register as an FFL and conduct background checks, however the official released version says selling even ONE FIREARM without a license would be illegal.🤯

— Gun Owners of America (@GunOwners) August 31, 2023

While earlier versions of the rule leaked to the public via the Biden administration’s allies in the corporate media hinted at a target of about five firearms sold without a license before requiring an individual to register as an FFL, the published rule seems more restrictive. Those who have sold or even “offer to engage” in a single transaction could be prosecuted for unlicensed activities.

That’s not all. The rule is also full of unclear language that gives ATF wiggle room to prosecute gun owners as they please. Examples of actions that ATF could use to define activity as operating as an unlicensed dealer are listed, but ATF notes that the list of examples is not exhaustive. This creates a system where gun owners must prove they are not dealers to be able to sell a firearm legally.

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FBI Data on Active Shootings Is Misleading

Americans are constantly debating policing and gun control. But to discuss these issues, we have to depend on government crime data. Unfortunately, politics has infected the data handling of agencies such as the FBI and the Centers for Disease Control.

Last year, the CDC became the center of controversy when it removed its estimates of defensive gun uses from its website at the request of gun control organizations. For nearly a decade the CDC cited a 2013 National Academies of Sciences report showing that the annual number of people using guns to stop crime ranged from about 64,000 to 3 million. The CDC website listed the upper figure at 2.5 million.

Mark Bryant, who runs the Gun Violence Archive, wrote to CDC officials after a meeting last year that the 2.5 million number “has been used so often to stop [gun control] legislation.” The CDC’s estimates were subsequently taken down and now lists no numbers.

The FBI is also susceptible to political pressure. Up until January of 2021, I worked in the U.S. Department of Justice as the senior advisor for research and statistics, and part of my job was to evaluate the FBI’s active shooting reports. I showed the bureau that many cases were missing and that others had been misidentified. Yet, the FBI continues to report that armed citizens stopped only 14 of the 302 active shooter incidents that it identified for the period 2014-2022. The correct rate is almost eight times higher. And if we limit the discussion to places where permit holders were allowed to carry, the rate is eleven times higher.

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Man killed by Aurora officer was being robbed: police

A man killed by Aurora Police this week was being robbed when he pulled a gun on another man, triggering the police encounter that led to this death, the department said on Friday.

Police have said officers, who observed the bus-stop dispute on surveillance cameras, went to the scene early Wednesday morning after seeing the man pull a gun on someone. But in a Friday update, the department said someone was trying to steal the man’s backpack.

It was around 2:30 a.m. Wednesday at a bus stop in the Del Mar Parkway neighborhood. Officers were watching a camera overlooking the area near East Colfax Avenue and Havana Street when they spotted the dispute, police said.

“Officers immediately responded when they observed one of those men produce a firearm and point it at the other man. Officers arrived at the intersection and aired they were in contact with the armed man. Moments later, the officers aired shots had been fired. Only one officer discharged his firearm,” the Friday release reads.

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St. Louis mayor wants to ban AR-15s, AK-47s on city streets

St. Louis Mayor Tishaura Jones will introduce new legislation that would ban AR-15s, AK-47s, and similar “military-grade” weapons on city streets.

In a Tuesday morning press conference, Jones announced her intent to introduce new gun safety regulations with support from the Board of Aldermen.

Jones said the legislation would be designed to:

  • Prohibit military-grade weapons on city streets
  • Prevent the transfer or sale of guns to minors
  • Take action on military-grade guns and similar untraceable firearms
  • Prepare St. Louis for the passage of Blair’s Law to ban celebratory gunfire
  • Prohibit anyone convicted of insurrection or hate crimes from having guns in St. Louis

“My daughter was killed with a military-style weapon, which was an AK-47. People of the military know what type of impact those type of weapons do,” said Erica Jones, whose daughter, Whitney, was murdered on Aug. 13, 2015, in the Walnut Park area.

She said Whitney, 24, was the mother of a five-year-old. She was studying to become a nurse and worked two jobs.

“Her oldest sister held her when she took her last words,” Erica Jones said. She said the crime remains unsolved.

“What do you tell a 13-year-old young man who cannot see his mother, he cannot smell her, he cannot touch her?” she said.

Jones was one of many advocates who shared their stories at a listening session hosted by Mayor Jones on Tuesday.

“Gun violence is a plague. And it’s painful touch has stung families across our region,” the mayor said.

She said on average, 1,351 people die from guns in Missouri each year. Jones said this push comes in an effort to tackle gun violence in St. Louis City.

“Gun violence is a public health crisis that impacts families and communities in every neighborhood across our city,” she said. “We’re coming together around a shared vision: A safer, stronger St. Louis that is ready to stand up for our values.”

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Licensed Federal Firearms Dealers Say Biden Is Targeting Them

Federal Firearms License holders (FFLs) are accusing President Biden of targeting them after his administration revoked the licenses of 122 FFLs during the last fiscal year.

FOX News reported that the Biden Administration revoked 90 in the previous fiscal year.

The highest number that was revoked during any fiscal year in Trump or Obama administrations was 81.

Breitbart News spoke to FFLs at various gun stores and they indicated they are now operating in an atmosphere where a clerical error–a line left blank on a background check or an area improperly completed–could mean they lose their FFLs.

On July 7, 2023, the Truth About Guns pointed out that in the current fiscal year “ATF has conducted 6,609 inspections of Federal Firearms Licensees … That’s closing in on 2022’s annual total of 7,502 for the entire year. ATF inspectors are conducting an average of 647.33 inspections across the nation per month, topping 2022’s monthly average of 587.66.”

FOX News indicated that FFLs believe they are “being unfairly targeted for political reasons over paperwork errors as part of an agenda to combat gun violence which President Biden has vocally pushed.”

Anthony Navarro, one of the FFLs who lost his license last year, noted that the errors that cost him his license were made regarding people who were not prohibited from purchasing guns.

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Supreme Court reinstates regulation of ghost guns, firearms without serial numbers

The Supreme Court is reinstating a regulation aimed at reining in the proliferation of ghost guns, firearms without serial numbers that have been turning up at crime scenes across the nation in increasing numbers.

The court on Tuesday voted 5-4 to put on hold a ruling from a federal judge in Texas that invalidated the Biden administration’s regulation of ghost gun kits. The regulation will be in effect while the administration appeals the ruling to the 5th U.S. Circuit Court of Appeals in New Orleans — and potentially the Supreme Court.

Chief Justice John Roberts and Justice Amy Coney Barrett joined with the court’s three liberal members to form the majority. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas would have kept the regulation on hold during the appeals process. Neither side provided an explanation.

The Justice Department had told the court that local law enforcement agencies seized more than 19,000 ghost guns at crime scenes in 2021, a more than tenfold increase in just five years.

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Law Profs Tout Qualified Immunity for Unconstitutional Gun Restrictions

Some ideas are so terrible that combining them into a cocktail of awfulness makes rotten sense. So it is with gun control and qualified immunity: Why not mix impunity for violating basic rights with denial of a specific right so as to maximize the harm? At least, that’s the inspiration that struck two law professors who propose qualified immunity for enforcing even overtly unconstitutional gun control measures. While the duo sees the idea as much as a means of weakening officials’ protections from liability as for promoting restrictions on private arms, it’s a dangerous innovation that could entrench authoritarianism.

“Gun regulation seems to have hit a legal brick wall,” complain Guha Krishnamurthi, associate professor at the University of Maryland Francis King Carey School of Law, and Peter Salib, assistant professor at the University of Houston Law Center in Notre Dame Law Review Reflection. “In New York State Rifle & Pistol Association Inc. v. Bruen, the Supreme Court threw out what had been the standard approach for applying the Second Amendment to gun laws.”

Krishnamurthi and Salib argue that Bruen impedes “regulatory innovation” and leaves lawmakers “shackled to the regulations of the distant past.” That’s an interesting way of regretting that government is bound to respect constitutional protections for individual rights. But the two legal thinkers have a fresh regulatory innovation to propose for bypassing such protections—or, at least, a fresh way of applying a controversial legal doctrine to achieve their desired ends.

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Arkansas Law Protecting Medical Marijuana Patients’ Gun Rights Officially Takes Effect

A new law officially takes effect in Arkansas on Tuesday to clarify that medical marijuana patients can obtain concealed carry licenses for firearms.

The governor signed the bill in April, just days after it sailed through the legislature with strong majority support.

The newly effective law stipulates that a person’s status as a qualified medical cannabis patient in the state cannot be used “in determining whether an applicant is eligible to be issued a license to carry a concealed handgun.”

State statute has also been amended to clarify that participation in the medical marijuana program doesn’t mean that a person is a chronic or habitual user of a controlled substance, which could otherwise disqualify people from obtaining the concealed carry permit.

The state Department of Health (DOH) will be barred from disclosing a person’s patient status to the state police as part of any investigation into concealed carry eligibility.

While some states have moved to more broadly preserve firearm rights for cannabis patients and consumers, the new law signed by Gov. Sarah Huckabee Sanders (R) is more narrowly tailored to the concealed carry issue.

Arkansas does not require people to have a permit for concealed carry, but some Arkansas firearms owners prefer to have one because of the protections it can bestow when traveling in other states and because of the clarity it provides during police encounters.

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