Tag: gun free zones

Based on Loose Reasoning, a Federal Judge Rejects a Challenge to the Gun-Free School Zones Act

A federal law prohibits gun possession within 1,000 feet of an elementary or secondary school. That restriction, a federal judge in Montana noted last week, “covers almost the entirety of every urban location in the United States, including many places that have nothing to do with the closest school.”

U.S. District Judge Susan Watters nevertheless concluded that the federal Gun-Free School Zones Act is consistent with “the right of the people to keep and bear arms.” The decision shows that some federal judges are still bending over backward to uphold constitutionally dubious gun control laws, despite the Supreme Court’s recognition that the Second Amendment guarantees a right not only to keep firearms at home for self-defense but also to carry them in public for the same purpose.

The case involves Gabriel Metcalf, who lives across the street from Broadwater Elementary School in Billings, Montana. Last August, Metcalf was observed pacing his front yard while holding a rifle, a precaution he said was provoked by threats from a neighbor against whom his mother had obtained a protection order.

Since the Gun-Free School Zones Act makes an exception for guns “on private property not part of school grounds,” Metcalf was not doing anything illegal provided he remained in his yard. But he admitted he had stepped onto the sidewalk and street near his house, which according to federal prosecutors made him guilty of a felony punishable by up to five years in prison.

The federal statute also includes an exception for people who are “licensed” to carry guns by the state where a school is located if law enforcement authorities “verify that the individual is qualified” to “receive the license.” A Montana law says anyone who is legally allowed to own a gun “is considered to be individually licensed and verified by the state of Montana within the meaning of” the Gun-Free School Zones Act.

That provision, Metcalf argued, meant he could not be prosecuted for violating the federal law. Watters disagreed, deeming Montana’s notion of “verification” inadequate.

Watters then addressed the question of whether the Gun-Free School Zones Act is “consistent with this Nation’s historical tradition of firearm regulation”—the constitutional test prescribed by the Supreme Court. While the Court has said schools themselves are “sensitive places” where the government may prohibit guns, she noted, that does not necessarily mean Congress was free to create 1,000-foot “buffer zones” around them.

Watters said the government, which had the burden of satisfying the Supreme Court’s test, failed to do so. But instead of stopping there, she embarked on her own “analysis of the historical sources.”

Watters claimed to locate “a historical analogue” in a 1776 Delaware constitutional provision and laws passed during or after Reconstruction that banned guns near polling places. She reasoned that education, like voting, is “essential for a responsible citizenry.”

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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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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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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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UNLV gunman ID’d as Anthony Polito, 67, professor who failed to get job at school

The madman who slaughtered three people in a mass shooting at the University of Nevada Las Vegas on Wednesday was a professor who failed to secure a job at the school and claimed to have solved the mystery of the Zodiac Killer and missing Malaysia Airlines Flight MH370.

Anthony Polito, 67, had unsuccessfully applied for a professorship at UNLV before he unleashed his deadly rampage on the campus just before noon, law enforcement sources told ABC News.

Polito was armed with a handgun during his massacre and was killed following a shootout with two police detectives, the outlet reported.

The shooting began around 11:45 a.m. on the fourth floor of Beam Hall, UNLV’s business school, near the student union building.

Police found three people dead when they arrived.

A fourth person was taken to an area hospital, where they were listed in critical but stable condition.

Four others were hospitalized after suffering panic attacks and two officers were treated for minor injuries suffered while clearing buildings, LVMPD police said.

Polito’s LinkedIn account states he was a “semi-retired university professor” based in Las Vegas and attended undergraduate at Radford University in Virginia, where he graduated with a double major in mathematics and statistics before he earned his master’s degree at Duke University and completed his doctorate of philosophy at the University of Georgia.

He served as an associate professor for 15½ years at East Carolina University from August 2001 to January 2017.

During that time, he also ran a personal website about his life, in which he posted a 15-page theory claiming he decoded the messages left by the Zodiac Killer, who operated in Northern California in the late 1960s.

“Just so you won’t initially write off my solution as that of a total crackpot, let me first say that I have been a member of MENSA for 35 years, I hold a double undergraduate degree in Mathematics & Statistics (two skills closely associated with successful cryptographers) … and I hold a masters degree and a doctoral degree from top-tier universities as well,” Polito wrote in the introduction.

“So I am not a dumb guy!”

He further claimed to have solved the fate of Malaysia Airlines Flight MH370 and figured out the true meaning of Leonardo DiCaprio’s 2010 film “Inception.”

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A Montana Case Tests the Constitutionality of the Gun-Free School Zones Act

Last summer, Gabriel Metcalf alarmed passersby in Billings, Montana, by “pacing his front lawn holding a rifle.” When local police approached him, Metcalf said he was protecting himself from a neighbor he thought was stalking him. The officers conceded that Metcalf was not violating any state laws but asked him to cut it out. Because Metcalf was not inclined to follow their advice, the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) got involved. Noting that Metcalf lived across the street from an elementary school and admitted walking on the sidewalk near his home with the rifle, the ATF charged him with violating the federal Gun-Free School Zones Act.

That law, 18 USC 922(q), makes it a felony, punishable by up to five years in prison, to possess a firearm within 1,000 feet of a school. Since schools are scattered throughout communities across the country, those gun-free zones cover a lot of territory—including the sidewalk outside Metcalf’s home. But in seeking dismissal of Metcalf’s indictment, his public defender, Russell Hart, argues that his conduct is not covered by the statute and, in any case, is protected by the Second Amendment. The latter argument seems promising in light of New York State Rifle & Pistol Association v. Bruen, the 2022 decision in which the U.S. Supreme Court upheld the right to publicly carry firearms for self-defense.

In the 1995 case United States v. Lopez, the Supreme Court ruled that Congress had exceeded its power to regulate interstate commerce when it passed the original version of the Gun-Free School Zones Act in 1990. “The Act neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce,” Chief Justice William Rehnquist noted in the majority opinion. Congress responded in 1995 by amending the law to specify that it applies only to “a firearm that has moved in or that otherwise affects interstate or foreign commerce”—boilerplate that had no practical effect on the statute’s broad reach.

The law includes several exceptions. It does not cover unloaded guns kept in “a locked container” or “a locked firearms rack that is on a motor vehicle.” It does not apply to guns “on private property” that is “not part of school grounds.” And it does not allow prosecution “if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license.”

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Jewish NYC Councilwoman Inna Vernikov arrested for carrying gun at pro-Palestinian rally

Republican Brooklyn Councilwoman Inna Vernikov was arrested Thursday when she was spotted toting a firearm at a pro-Palestinian rally— resulting in calls for her to be removed from office.

The councilwoman, who is Jewish and has spoken out against pro-Palestinian supporters, was in attendance as protesters convened on the campus of CUNY’s Brooklyn College Thursday.

“[Vernikov] was observed with the but-end of a firearm (handgun) protruding from the front portion of her pants” while observing the protest between noon and 2:45 p.m. Thursday, police sources told The Post.

“The Councilwoman eventually left the location and upon notification to police, the Councilwoman was contacted and she turned herself in to the 70 Precinct, in the company of her attorney [around 2:50 a.m. Friday],” the sources continued.

The 39-year-old was arrested and charged with possession of a firearm because she was on school grounds, the sources said.

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University of North Carolina Murder Occurred in Gun-Free Zone

The murder that occurred on the University of North Carolina at Chapel Hill campus Monday took place in a gun-free zone.

The buildings at UNC Chapel Hill are gun-free via school policy.

The policy says: “It is a felony, punishable by fine and/or imprisonment, to possess or carry, openly or concealed, any gun, rifle, pistol, or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine, or powerful explosive on any University campus, in any University-owned or operated facility, or at a curricular or extracurricular activity sponsored by the University. Such conduct also may constitute a violation of the Honor Code.”

The exception to this policy is that concealed carry permit holders “may have a handgun in a closed compartment or container within the person’s locked vehicle or in a locked container securely affixed to the person’s vehicle.” But those handguns may not be transported into university buildings or carried or campus for self-defense.

Breitbart News reported that reports of shots fired on campus led to a shelter-in-place alert on the UNC Chapel Hill campus Monday. The shoots were reported around 1 p.m.

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