Tag: gun control

Oklahoma Senators Approve Bill To Protect Second Amendment Rights Of Medical Marijuana Patients

Lawmakers in Oklahoma this week advanced a bill aimed at protecting gun rights of state-registered medical marijuana patients, although federal law still bars cannabis users from owning firearms regardless of their patient status.

The Senate Committee on Public Safety unanimously passed the measure, SB 39, from Sen. Julie Daniels (R), on Wednesday with a vote of 6-0. If it’s enacted, the legislation would specify that applicants for state-issued handgun licenses would not be disqualified merely for being a medical marijuana patient.

It states that “an applicant shall not be considered ineligible solely on the basis of being a lawful holder of a medical marijuana patient license” and also makes a medical marijuana exception around disqualifications for “any violation relating to illegal drug use or possession.”

Yet another provision in the bill says that “nothing in this section shall be construed to allow the Oklahoma State Bureau of Investigation to deny an otherwise qualified applicant from obtaining a handgun license pursuant to the Oklahoma Self-Defense Act solely on the basis of the applicant being a lawful holder of a medical marijuana patient license.”

Ahead of the vote at Wednesday’s hearing, Daniels pointed out that courts across the nation are increasingly pushing back against the notion that merely using marijuana should deny them their Second Amendment rights.

“In recent years, the courts have all come down on the side that someone should not be denied a firearm license or be prosecuted for possession of a firearm solely because they use marijuana,” she told colleagues. “And in Oklahoma, of course, we have a medical marijuana program. So the point of this bill is to make clear that solely because you have a medical marijuana patient card does not mean that you should be automatically denied a firearm license.”

Carrying or using a shotgun, rifle or pistol while under the influence of marijuana—even if it was “obtained pursuant to a valid medical marijuana patient license”—would remain illegal if the drug affects someone “to a degree that would result in abnormal behavior,” the bill says.

The Oklahoma State Bureau of Investigations, for its part, said in a statement on Wednesday that it will abide by the new rules, if adopted.

“We respect the right of Oklahomans to legally have firearms,” the agency said, according to local ABC affiliate KOCO News 5, which first reported the committee’s passage of the bill. “We will work with new laws passed by the legislature.”

As for the federal law against gun ownership by marijuana users, a federal appeals court panel earlier this month dismissed a three-year prison sentence against a person convicted for possession of a firearm while being an active user of marijuana, ruling that the federal government’s prohibition on gun ownership by drug users is justified only in certain circumstances—not always.

The U.S. Court of Appeals for the Eighth Circuit said in the opinion that while not all disarmament of drug users violates the Second Amendment, it nevertheless sometimes can.

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AfD-Supporting Lawyer Fined €3,000 For Criticizing German Govt, Has Gun License Revoked, Faces Disbarment

The debate over free speech in Germany has taken a new turn following the case of Markus Roscher, a 61-year-old lawyer from Braunschweig, who was fined €3,000 for criticizing the government’s heating law.

Roscher described Vice Chancellor Robert Habeck, Chancellor Olaf Scholz, and Foreign Minister Annalena Baerbock as “malicious failures” in a post on X back in 2021. He was subsequently issued a penalty notice under the controversial Paragraph 188 of the German Criminal Code, which criminalized defamation against individuals engaged in public political life.

Roscher, who has been active on X for over 14 years and is well accustomed to the legal boundaries surrounding political debate, insists that his post was within the bounds of political criticism.

“I actually know myself to be quite well within the red lines,” he told Bild. 

“You have to formulate things pointedly to be heard. The lines of freedom of opinion have slipped with the red-green government (ed. the coalition of Social Democrats and Greens).” 

He further described his hefty fine as a “scandal for freedom of expression.”

Paragraph 188, introduced in April 2021, criminalizes insults against politicians if they significantly hinder their public work. It was initially passed under a coalition government of the CDU and SPD but has been increasingly enforced under the current administration. The law has led to numerous prosecutions against individuals who have criticized government officials online.

In Roscher’s case, the penalty order claimed that his statements portrayed politicians as “corrupt, stupid, and arrogant,” constituting “abusive criticism” that allegedly impeded their political activity. 

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Circuit Court Judge Strikes Down Illinois FOID Card Requirement for Guns in the Home

On Monday, White County Resident Circuit Judge T. Scott Webb ruled against a requirement that Illinois residents must obtain a Firearm Owners Identification (FOID) card in order to possess a gun in the home for self-defense.

The case, State of Illinois v. Vivian Claudine Brown, which was supported by the Second Amendment Foundation and the Illinois State Rifle Association, centered on Brown’s possession of a .22 rifle in the home for self-defense on March 18, 2017, without an accompanying (required) FOID card.

She was charged due to her lack of a FOID card, and a suit was subsequently filed. The suit challenged not only the FOID card requirement but also the fee to obtain such a card, which is $10. Brown argued that the fee “suppresses a fundamental right that is recognized to be enjoyed in the most private areas, such as the home.”

Webb weighed the case in light of Heller (2008) and Bruen (2022), ultimately found that “the defendant’s possession of a .22 caliber rifle within the confines of her own home, even without a valid FOID card falls squarely within the protections afforded her by the Second Amendment.”

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Trump Dismantles Biden’s Gun Control Actions, Signs Executive Order to Protect Gun Owners

President Trump on Friday signed an Executive Order dismantling Joe Biden’s gun control actions.

“The Second Amendment is an indispensable safeguard of security and liberty. It has preserved the right of the American people to protect ourselves, our families, and our freedoms since the founding of our great Nation. Because it is foundational to maintaining all other rights held by Americans, the right to keep and bear arms must not be infringed,” President Trump’s Executive Order said.

Trump ordered US Attorney General Pam Bondi to review all of Joe Biden’s unconstitutional gun control Executive Orders to assess ongoing infringements of the Second Amendment.

“Within 30 days of the date of this order, the Attorney General shall examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans,” Trump’s EO said.

Pam Bondi will review “All Presidential and agencies’ actions from January 2021 through January 2025 that purport to promote safety but may have impinged on the Second Amendment rights of law-abiding citizens,” the EO said.

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Is ATF Using AI-Powered Facial Recognition To ID Gun Owners?

Several reports now indicate that ATF has access to and utilizes facial recognition technology to identify gun owners. In fact, two Government Accountability Office reports confirm that ATF does have access to various facial recognition systems, including Clearview AI, Vigilant Solutions, and other systems owned by other federal, state, local, tribal, or territorial law enforcement agencies.

The Government Accountability Office described the Clearview AI database as: 

“A web-based facial recognition service using 30+ billion facial images sourced from publicly available websites, including news media, mugshot, and social media websites, among others.”

A 2021 GAO report found that ATF did not have sufficient accountability mechanisms “to track what non-federal systems with facial recognition technology are used by employees.”

According to testimony given to the U.S. Commission on Civil Rights, ATF:

“Initially used these services without requiring their staff to take training on topics such as how the technology works, what photos are appropriate to use, and how to interpret the results.”

GAO scolded federal agencies, stating that they “must consider the potential impact of its use on civil rights and civil liberties because the potential for error and the potential to misidentify someone could lead to the arrest and prosecution of an innocent person.”

GAO was also concerned that government use of facial recognition technology can have “a chilling effect on an individual’s exercise of their First Amendment rights.”

Similarly, ATF’s use of Facial Recognition Technology could have a chilling effect on the People’s exercise of their Second Amendment rights.

According to GAO, ATF is reported to have conducted at least 549 facial recognition searches on gun owners between October 2019 and March 2022.

GAO indicates that “as of April 2023, ATF… reported that they had halted their use of such services.”

However, the most recent reports suggest otherwise.

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Federal appeals court rules handgun ban on adults under 21 is ‘unconstitutional’

Afederal appeals court on Thursday struck down a handgun ban on adults under the age of 21, ruling that the current age-based restriction violated the right to keep and bear arms enshrined in the U.S. Constitution’s Second Amendment.

The ruling is the latest since the Supreme Court established a new test for assessing modern firearms laws in 2022. The conservative-led Supreme Court determined in New York State Rifle & Pistol Association v. Bruen, that current gun restrictions were required to be “consistent with this nation’s historical tradition of firearm regulation.”

The New Orleans based Fifth Circuit Court of Appeals ruled that 18- 20-year-olds are among those whose “right to keep and bear arms is protected.”

“The federal government has presented scant evidence that eighteen-to-twenty-year-olds’ firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban, and its 19th century evidence ‘cannot provide much insight into the meaning of the Second Amendment when it contradicts earlier evidence,'” the judges wrote in their decision, per CNN.

The ruling is in response to a federal ban on handgun sales to people under 21, which was first adopted by Congress in 1968 as part of the Omnibus Crime Control and Safe Streets Act, Reuters reported.

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Colorado Republicans Warn New Gun Control Legislation Would Ban ‘Majority of Guns’ in the State

New gun control measures being considered in Colorado would effectively ban the ‘majority of guns’ in the state, according to the Colorado GOP.

This is a reminder that the left will never stop pushing for greater gun control, even after an election like the one we just had in November.

It also does not matter to them that people want to be able to protect themselves from crime, no matter how bad it gets, thanks largely to progressive governance.

From Just the News:

Colorado GOP concerned as committee considers ban on ‘majority of guns’ in the state

A bill further restricting firearm access in the state will appear before a committee Tuesday in the Colorado General Assembly.

Colorado Senate Republicans labeled Senate Bill 3 “one of the most extreme gun control bills in Colorado’s history.”

“If passed, SB-003 will ban the sale of the majority of guns in our state,” a statement from Republicans said.

The bill would prohibit the purchase, manufacturing, distributing, or transferring of a semiautomatic rifle or semiautomatic shotgun with a detachable magazine.

Democrats introduced the bill on the first day of legislative session and it has received support since then, with 17 of the state’s 35 senators already joining in sponsoring the bill.

With Democrats holding a trifecta in the state, it is likely that Republicans will be able to do little to stop the passage of the bill, which would take effect Sept. 1, 2025

What part of ‘shall not be infringed’ do these people just not get?

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Rep. Mann Introduces Bill Putting ATF’s ‘Zero Tolerance’ Policy in Check

Rep. Tracey Mann (R-KS) is introducing legislation to put the ATF’s ‘zero tolerance’ policy in check, halting the agency’s seemingly unchecked FFL closures under former President Biden.

The legislation is titled the Reining In Federal Licensing Enforcement (RIFLE) Act.

According to Mann’s office:

Under the Biden Administration, ATF’s zero tolerance policy forced small and mid-sized gun stores out of business. The agency revoked Federal Firearm Licenses due to minor clerical errors like missing a customer’s middle initial or using a state’s abbreviation rather than the state’s full name. In 2024 alone, ATF saw the highest levels of gun store license revocations in 20 years—the third consecutive year of increased license revocations under President Biden’s leadership. Last week, the Biden Administration claimed it reversed its zero tolerance policy. Upon further review of the updated enforcement guidance, it appears to remain fully in effect.

Rep. Mann told Breitbart News, “President Biden did everything in his power to weaponize the federal government against gun store owners in the Big First District of Kansas and across the country. His zero tolerance policy undermined the Second Amendment and trampled on the constitutional rights of law-abiding citizens. Since day one, I have rigorously pushed back against this unconstitutional policy and fought for more oversight to rein in ATF’s abuse.”

He added, “On November 5, 2024, the country made it clear—our constitutional rights are not up for grabs. My bill makes that crystal clear by fortifying the Second Amendment rights of local gun stores and seeking to restore a degree of wholeness to individuals whose livelihoods were destroyed by this federal abuse. I look forward to working with President Trump to further strengthen the protection of the Second Amendment, deliver justice for our FFLs, and get our country back on track.”

The RIFLE Act “ensures that ATF works with FFLs, giving FFLs a chance to comply before ATF moves to revoke a license,” “clearly defines and strengthens what constitutes a willful violation, imposing a presumption that there is no willful violation absent clear and convincing evidence,” “allows FFLs to review and appeal ATF determinations before an administrative law judge and reimburses FFLs for legal fees incurred while the zero tolerance policy is in effect,” and automatically reinstates and approves licenses suspended, revoked, or denied while ATF’s zero tolerance policy is in effect.”

The Act also reimburses FFLs who were victims of the ATF’s ‘Zero Tolerance’ policy.

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New York Proposes Doing Background Checks on Anyone Buying a 3D Printer

The New York legislature is in the early stages of considering a bill that would require people buying certain kinds of 3D printers to pass a background check.

State Assembly Bill A2228 says that “any retailer of a three-dimensional printer sold in this state which is capable of printing a firearm, or any components of a firearm, is required and authorized to request and receive criminal history information.”

The state would then have 15 days to root through the buyer’s information, look for weapons charges or other disqualifying criminal history, and make a decision. This would, in effect, mean that anyone buying a 3D printer capable of printing any piece of a firearm (which is quite a few 3D printers) would have to pass a criminal background check.

We live in a world where anyone with access to some 3D printers, the right digital documents, and some practical knowledge can print and assemble an untraceable handgun. It’s likely that Luigi Mangione, the assassin of United Healthcare CEO Brian Thompson, used a 3D-printed Glock-style handgun to hit his target. Governments across the world have struggled with how to handle the problem of widespread, home-printed, unregistered firearms spreading across the planet on demand.

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Germany’s Gun-Grab? Saxony-Anhalt Begins Disarming AfD Members

Authorities in Germany have begun withdrawing gun ownership licenses from Alternative for Germany (AfD) members, who are deemed a “danger to public safety.”

So far, five AfD members have received a notice that their gun license would be revoked, while another member voluntarily returned his license after a revocation procedure was initiated. Another 51 cases are currently being examined by authorities, according to data released by the Saxony-Anhalt Interior Ministry in response to a request for information from the Left Party.

Hunters and sport shooters will also have their gun licenses canceled by authorities. In total, there are 74 members of the AfD in Saxony-Anhalt that hold a firearms license, with 49 registered as sport shooters and 25 as hunters.

The revocation of gun licenses comes after the Office of the Protection of the Constitution (BfV), Germany’s powerful domestic intelligence agency, classified the AfD as “certainly right-wing extremist.” With this designation, AfD members suddenly faced a litany of problems. For one, authorities could spy on their communications without any warrant; however, authorities could also seize their firearms, and members could also face issues with government employment.

The efforts to disarm AfD members won praise from the Left Party’s parliamentary group leader Eva von Angern.

“The first revocation notices show that, after individual examination, these people pose a threat to public safety,” she said to German news outlet Mitteldeutsche Zeitung.

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