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Old 06-18-2013, 13:38   #511
awisewon
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“The purpose of the Second Amendment is to secure our ability to oppose enemies foreign and domestic, Its the Right of the People not the military or anyone else that shall not be infringed. Any, Any, Any Restrictions are in fact in direct violation of the Constitution. You cannot fight fire with fire if you do not have at least equal fire power and its nor the gov or states business what supplies and fire power the people have and hold so long as they are not using such to commit crimes which most are not. That means jacking up prices, limits on ammo or types of weapons held by the people in order to keep our nation safe. we also have the what if, what if we are invaded by our enemies could we distribute enough fire power to our civilian population in time to hold off such a invasion, I think not nor do most of our civilian population have the needed skills and training to engage in massive combat. To me its only prudent that as a entire nation we be ready and trained at least in the basics and that the civilian population have a certain bond and faith as well as trust in those who serve in our armed forces a established relationship so to speak more than just a thank you for your service which most civilians really don't know what all that service really means. We are in critical times in our country if all Hell cuts loose for any reason natural disaster invasion whatever our military needs the faith and trust of the people to restore order and follow their instruction knowing its for their greater good and safety.
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Old 06-18-2013, 17:07   #512
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Raffle Ticket, great; just not for NY agencies

Whether you want a Serbu .50 BMG or not, this is an interesting twist on the NY SAFE Act. I like it - alot.


LINK to full story.

Quote:
Your chances to win a Serbu BFG-50A rifle are dwindling with each passing moment if Jews for the Preservation of Firearms Ownership Executive Director Charles Heller’s predictions are correct.

Jews for the Preservation of Firearms Ownership

“We have sold almost half of the tickets this morning,” Heller told Gun Rights Examiner, expressing his belief the rest will be gone “most likely by tomorrow morning. If not, probably before we light the Shabbos candles...”

Heller announced the drawing during a “Roundtable” segment on Armed American Radio Sunday evening, informing host Mark Walters, Neil McCabe of Human Events, Larry Pratt of Gun Owners of America and this correspondent that Serbu Manufacturing had been contacted by NYPD SWAT for a quote on this rifle, but refused the business, explaining that if it was not legal for New York gun owners to buy one, then they would not sell it to New York law enforcement.

“But YOU can have a chance of owning this superb .50 cal, semi-auto rifle!” JPFO announced on their website. “The JPFO logo is to be engraved onto the side of the action and this unique one-of-one rifle will have the serial number "JPFO 01". A letter of provenance will accompany the gun from the manufacturer, stating that this rifle is 1 of 1, and it indeed is the one that NYPD could not have.

“Now, an Arizona charity is running a draw to benefit JPFO, and you could be the winner!” the announcement continues.

“The drawing is to be held on September 28th 2013 in Houston, at Gun Rights Policy Conference,” the announcement continues.
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Old 06-19-2013, 11:49   #513
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National carry law

We are still trying to get a National Carry law, along the lines as your drivers license, if a state has you one, yours is good in their state. Our problem is the seven states that have the most gun restrictions, which just happen to be the ones with the highest crime rates keep messing it up. Last try we were 4 votes short in the Senate.
If more people would read the Federalist Papers, they would know why the amendments were added to the Constitution. Most people would be surprised to know that your rights to own firearms is you only civil right not automatically restored if you have been convicted of a felony then given a pardon. It must state in your pardon that your right to own firearms have been reinstated.
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Old 06-19-2013, 12:07   #514
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Originally Posted by pcfixer View Post
Maryland Shall Issue, in association with the Associated Gun Clubs of Maryland, the Maryland Licensed Firearm Dealers Association, and several individual plaintiffs filed a complaint today in Baltimore County Circuit Court against the Maryland State Police (MSP) for the state’s failure to process firearm applications within the seven days mandated by Maryland law.

The MSP’s failure to comply with its statutory duty -- which MSP has admitted is taking closer to 55 than the required seven days -- infringes the fundamental constitutional right of Maryland citizens to purchase and keep firearms for purposes of self-defense in their homes, as guaranteed by the Second Amendment to the United States Constitution, and puts them at risk while the bureaucracy takes its time to process citizen applications. The lawsuit seeks a court order compelling the MSP to process all firearms applications in seven days as required by law.

Additionally, the MSP’s failure to issue approvals has caused significant economic harm to licensed firearms dealers in Maryland. These business owners also risk civil or criminal sanctions if a firearm has been transferred to a purchaser whose application is later disapproved by the MSP.

We have requested an expedited review of this case given the nature of the harm brought against our members who are attempting to exercise a civil right. Additionally, the plaintiffs are listed as anonymous individuals - publishing their names would provide those persons looking to do harm notice that their potential victim is unarmed. For this reason, we ask that you do not speculate on their identity.

It has been 30 days since this was filed. Hope to hear results soon.
What a poorly drafted Complaint, unfortunately. I predict the defense filing and receiving a 12(b)(6) dismissal with some "shotgun pleading" language thrown in by the judge. Sure it'll be dismissed Without Prejudice but with Rule 11 hovering, the Plaintiff attorney won't refile. I see some good ideas in the pleading but using that Venue and those particular arguments is a loser.
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Old 06-19-2013, 15:02   #515
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Originally Posted by psherlin View Post
We are still trying to get a National Carry law, along the lines as your drivers license, if a state has you one, yours is good in their state. Our problem is the seven states that have the most gun restrictions, which just happen to be the ones with the highest crime rates keep messing it up. Last try we were 4 votes short in the Senate.
If more people would read the Federalist Papers, they would know why the amendments were added to the Constitution. Most people would be surprised to know that your rights to own firearms is you only civil right not automatically restored if you have been convicted of a felony then given a pardon. It must state in your pardon that your right to own firearms have been reinstated.
I've had carry licenses in some of those states and they are real pain in the ass. Guilty until innocent environment...two or three taps? We'll have to look at this extra hard, why didn't you shot them in the leg, your scores show you can?

Think lack of understanding, personal limitations and fears, and the desire to control everything (an impossible goal) will make a National CCW unlikely. Doesn't mean it ain't worth trying for though.
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Old 06-21-2013, 08:59   #516
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Maryland --77R Litigation Successful

see post #513

Quote:
77R Litigation Successful - MSP Agrees that Dealers Can Release Guns



We filed a lawsuit against Maryland State Police because Maryland citizens were not being cleared by Maryland State Police to receive their purchased regulated firearms within the seven days required by law.

Maryland State Police's processing time had become greater than 60 days.

Maryland State Police had not provided any formal or informal guidance to sellers on whether they could release firearms after the seven day waiting period. Marylanders were waiting months to obtain handguns they had purchased for protection in their homes.
http://campaign.r20.constantcontact....LETTER.BLOCK91

Based on the State of Maryland's official statements binding themselves before the Court in this lawsuit through the Maryland State Police and the Maryland Attorney General, we have accomplished our goal with this lawsuit.

One small legal battle won by Maryland Licensed Firearms Dealers Association (MLFDA) and MSI.
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Old 06-21-2013, 11:58   #517
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Originally Posted by Badger52 View Post
I believe pcfixer is speaking above to the issue of simply being allowed to carry through a purchase and get the permission slip such that the buyer can legally own the firearm, not a carry permit process.

Correct! Maryland's law is a 7 day wait from purchase date at FFL.

After filling out a ATF 4473, the buyer fills out a Maryland form 77R.
From what I'm told the NICS check and backround check is done by MSP
in "7 days" for release on 8th day.

This all worked fine until lately with the SB 281 passed and will be signed into law on 1 Oct 2013.

This is what is new Maryland law. NRA WILL go to court as of 1 Oct I'm told.
http://marylandshallissue.org/share/SafetyActFAQ.pdf
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Old 06-21-2013, 20:42   #518
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Right to carry

I had a license in MA when I was in the 10th GP. Was not a real problem to get it. In NY it sat in the Watertown Police department for 5 years as there was no time limit and they did not like the military.
This pass weekend in AR they caught a felon in possession of a fire arm with drugs, after he robbed a store and fled from the police. Under the Federal law its 5 years for the gun and each of the others are multipliers, for time without parole. Under state law he might get two. Every time the Feds get a case from the local, the liaison for the Feds emails me to let me know the got another one. The down side is the Maytag repairman gets more business them him. On the upside, its the first day of summer so I celebrated by giving myself 4 boxed of 325 gr. 50 cal AE and 4 boxes of 325 gr. S&W 50 cal.
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Old 06-21-2013, 22:04   #519
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Originally Posted by psherlin View Post
...Most people would be surprised to know that your rights to own firearms is you only civil right not automatically restored if you have been convicted of a felony then given a pardon. It must state in your pardon that your right to own firearms have been reinstated.
That is not totally correct as it varies state to state. In SC once a person is "pardoned" all of the individual rights are restored including the right to bear arms.
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Old 07-20-2013, 12:35   #520
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Past time for this thread to receive a well deserved bump.

Why Gun Owners Are Right to Fight Against Gun Control

The anti-gun crowd doesn't want "compromise." They want confiscation and control.

David T Hardy | July 18, 2013
Reason.com

In April, the Senate rejected the Toomey-Manchin gun control proposal. In the wake of its defeat many asked why gun owners and their organizations resisted so limited a measure. Granted, it would have had little but symbolic benefit. Its core was to require background checks at gun shows (which Bureau of Justice Statistics concluded involved a whole 0.8 percent of crime guns) and on Internet gun sales (a miniscule proportion, most of which probably go through licensed dealers anyway). But why not accept something so modest, in light of the draconian ideas then being floated as alternatives?

Understanding the rejection requires understanding gun owners’ shared experiences. Compromise requires that both parties relinquish something. If your counterpart’s position is “give me this now, and I’ll take the rest later,” there is no real compromise to be had. Over decades, that has been precisely the experience of American gun owners.

Back in 1976, Pete Shields, chairman of what is today the Brady Campaign, candidly laid out the blueprint for The New Yorker:

We're going to have to take one step at a time, and the first step is necessarily — given the political realities — going to be very modest. Right now, though, we'd be satisfied not with half a loaf but with a slice. Our ultimate goal — total control of handguns in the United States — is going to take time. My estimate is from seven to ten years. The problem is to slow down the increasing number of handguns sold in this country. The second problem is to get them all registered. And the final problem is to make the possession of all handguns and all handgun ammunition — except for the military, policemen, licensed security guards, licensed sporting clubs, and licensed gun collectors — totally illegal.

The group’s first target was “Saturday Night Specials,” inexpensive small revolvers, alleged to be criminals’ preferred gun. When that approach gained traction, Shields shifted to a larger target, claim that criminals were now using “expensive, but small pistols,” so all small pistols had to be banned. “Concealability is the key,” he now explained.

As the years passed, it became apparent that this was going nowhere; a different first “slice” would have to be found. In 1990, Violence Policy Center (VPC) announced that it had found it. The debate must be switched from small handguns to large “assault rifles.”

Handguns, VPC explained, had become a media and political nonissue, while calls to outlaw “assault rifles” would benefit from mistaken impressions, i.e., “the public's confusion over fully automatic machine guns versus semi-automatic assault weapons—anything that looks like a machine gun is assumed to be a machine gun.” That rifles of all types were involved in about 300 homicides a year was beside the point. The search was for a target of opportunity, not a solution to crime.

The major gun control organizations bought the idea, to the point of changing their names to replace “handgun” with “gun.” Pete Shields’ group, Handgun Control, Inc., became the Brady Center to Prevent Gun Violence. The National Coalition to Ban Handguns became the Coalition To Stop Gun Violence.

The change underscored a lesson gun owners had already learned. Their opponents would go for any target of opportunity—if handgun restrictions didn’t fly, try to restrict rifles—and use that as a foundation to take more in the future. Any “reasonable compromise” would simply be a first step in a long campaign to make firearm ownership as difficult, expensive, and legally risky as possible.

Take the example of California. There, 1920s legislation required a permit for concealed carry of a firearm, required dealers to report handgun sales to the state, and imposed a one-day waiting period for handgun sales.

The one-day wait was meant to impede “crimes of passion,” but in 1955 it was increased to three days, in 1965 to five days, and in 1975 to 10 days.

Open carry of a firearm was initially allowed. In 1967, open carrying of loaded guns was prohibited. In recent years, open carrying even of unloaded guns was forbidden in incorporated areas. The mere sight of an unloaded gun was apparently too much for the California legislature to tolerate.

In 2001, dealers were forbidden to sell handguns that were not approved by the government, after rigorous laboratory testing, funded by the manufacturer. Every slight variation, even changes in color or finish, required a new certification. The tests actually had nothing to do with reliability or safety, as evidenced by the exemption of law enforcement firearms from them.

Along the way, the state banned “assault weapons,” magazines holding more than 10 rounds, and private gun sales that didn’t go through dealers. In 1999, “one gun a month” was enacted, for no discernible reason (why would a gun runner pick the most tightly regulated state in the West as his source?)

Today, the weapons regulation portion of the California Penal Code Annotated spans over 1,050 pages, yet at last count 68 more gun control measures are pending in the legislature. No matter how much the advocates of gun control get, it will never be enough.

(Page 2 of 2)
Or try New Jersey, which requires a license to own guns, plus a separate permit for each handgun. Carrying open or concealed is in practice forbidden (the legal standard for a permit is “urgent necessity”), carrying of hollow-point bullets is subject to complex rules, and magazines are limited to 15 rounds.

That’s not enough, apparently, since the New Jersey legislature is considering bills to cut the magazine limit to five rounds, and to require psychiatric evaluations and home inspections before issuance of the firearm ownership license. Recently three legislators had an embarrassing “hot mike” problem after a gun bill hearing, in which someone proclaimed, “We needed a bill that is going to confiscate, confiscate, confiscate.”

Or try New York, long considered to have the strictest gun laws in the country, including requiring pistol possession permits (issued at the sole discretion of police, with application fees as high as $340), carry permits limited in some jurisdictions to government officials and celebrities, and a 10 round magazine limit. Then came the Newtown slayings, and the legislature decided it must do something more. The legislation it rushed through reduced the allowed magazine capacity to seven rounds (effectively outlawing the many firearms for which seven round magazines have never been made), required background checks to buy ammunition, and greatly broadened its “assault rifle ban.”

New York’s Attorney General described this as “modest first step.”

So much for compromise.

http://reason.com/archives/2013/07/1...rters-are-righ


David T. Hardy is a Tucson, Arizona attorney and author. He has published 21 law review articles on the right to arms, two of which have been cited by the U.S. Supreme Court, and produced the documentary film In Search of the Second Amendment.
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Old 07-20-2013, 13:27   #521
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tonyz

Outstanding read!
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Old 07-25-2013, 10:15   #522
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As I see there are too many judges, lawyers that do not read into the DC vs Heller case and the US Constitution and it's contextual meaning. One of this is in the text of the DC vs Heller opinion. Yes, I know it is an opinion 5-4 also.
page 34 of opinion.

http://www.scotusblog.com/wp-content...zoom=100,0,754

Quote:
In 1825, William Rawle, a prominent lawyer who had been a member of the Pennsylvania Assembly that ratified the Bill of Rights, published an influential reatise, whichanalyzed the Second Amendment as follows:

“The first [principle] is a declaration that a well regulated militia is necessary to the security of a free state; a proposition from which few will dissent. . . .“The corollary, from the first position is, that the right of the people to keep and bear arms shall not be infringed.
“The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.” Rawle 121–122.
.It was the first Supreme Court case in United States history to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense.

Last edited by pcfixer; 07-25-2013 at 10:26.
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Old 07-25-2013, 10:22   #523
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On May 15, 1939 the Supreme Court, in a unanimous opinion by Justice McReynolds, reversed and remanded the District Court decision. The Supreme Court declared no conflict between the NFA and the Second Amendment had been established, writing:

"In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense. Aymette v. State of Tennessee, 2 Humph., Tenn., 154, 158."


Gun rights advocates claim this case as a victory because they interpret it to state that ownership of weapons for efficiency or preservation of a well-regulated militia unit of the present day is specifically protected.

I would submit that AR's are protected and so are 20 or 30 round magazines for those firearms.
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Old 07-25-2013, 14:20   #524
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That opinion has also been used to show the idea that the NFA should have no bearing over weapons that are in common use by the military, such as machine guns, silencers etc.

Today that opinion may be contested as written because short barrel shotguns are in fact in use by the military.
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Old 07-25-2013, 17:29   #525
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Neither the accused, Miller, nor his attorney showed up to argue this case.

The government was the sole presenter.

I wish Mr. Miller had a Thompson or a BAR instead of a short-barrelled shotgun.

Then the government would have had to make a completely different argument, one that might not have been sustained.

TR
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