Archive for the 'Second Amendment' Category



Constitutional Carry Becomes Law In Alabama

BY Herschel Smith
2 years, 8 months ago

News from Alabama.

Today, a conference committee approved House Bill 272, constitutional carry. Then, both the House and Senate voted to adopt the conference report. It will now go to Governor Kay Ivey, who is expected to sign it into law promptly. Alabama is now just one more step away from becoming the 22nd constitutional carry state and the first state to join that group in 2022.

Oh no!  It will be blood running in the streets.

“The Alabama House Public Safety Committee just chose gun extremists over public safety,” Harriette Huggins, a volunteer with the Alabama chapter of Moms Demand Action, said in a statement after the vote.

I think I’m classified as a gun extremist.  I think you are too.  More.

On Thursday, Gov. Kay Ivey signed House Bill 272, known as the constitutional carry bill, into law. The bill, sponsored by Rep. Shane Stringer, eliminates the permit required for concealed carry and revises certain restrictions related to carrying and possessing a pistol.

“Unlike states who are doing everything in their power to make it harder for law-abiding citizens, Alabama is reaffirming our commitment to defending our Second Amendment rights,” Ivey said. “I have always stood up for the rights of law-abiding gun owners, and I am proud to do that again today.”

The passage of the bill did not come without controversy. Many gun-rights advocates argued people should not have to obtain a permit in order to carry a concealed pistol, but opponents of the bill, including some local law enforcement, argued the permits help fight crime and enhance public safety.

Shortly after Ivey signed the bill into law, Oxford Police Chief Bill Partridge tweeted the following statement:

“Alabama law enforcement lost another tool in the tool box to get illegal guns off our streets. Continuing to make officers’ jobs harder. Five of the six officers killed in the line of duty in Alabama in 2019 were killed with a stolen firearm.”

A stolen firearm.  What that has to do with constitutional carry is anybody’s guess.  It sounds like sour grapes to me.

Boss Hogg is not happy tonight.

Now.  South Carolina needs to undo the ridiculous preemption where cities can circumvent open carry the state legislature passed, and move on the constitutional carry.

Alabama will prove to you that blood doesn’t run in the streets, just like Texas did and like the other 20 states did.

Status Of Florida Open Carry

BY Herschel Smith
2 years, 8 months ago

News from Florida.

Floridians could openly carry firearms in public and wouldn’t need a permit to carry them concealed under legislation that now has the endorsement of Governor Ron DeSantis.

There’s one problem though… The bill hasn’t received a single hearing in either legislative chamber.

While the sponsor of the constitutional carry bill thinks it will be enough to pull the bill directly on the House floor for a vote, opponents don’t seem all that worried.

The controllers aren’t worried because the fix is in.  The fix is always in.

Governor Ron DeSantis was asked if he would support constitutional carry at a press conference Thursday morning.

His direct response: “Put it on my desk I’ll sign it”.

[ … ]

But the legislation on this bill is on life support.

It hasn’t gotten a single hearing in either chamber and the Governor’s endorsement came with only nine days remaining in the legislative session.

It’s easy to say you’ll sign it when it has no chance of passing the chambers of the legislature.

I guess you don’t really think this is important enough to push it, DeSantis.

Missouri Second Amendment Preservation Act Goes To Supreme Court

BY Herschel Smith
2 years, 8 months ago

Ammoland.

Bidens (sic) DOJ doesn’t like the idea that the State of Missouri has decided to protect its citizens from an overreaching federal government and unconstitutional laws. HB85 also known as the Second Amendment Preservation Act or SAPA has really gotten under the skin of the Biden administration because it prevents gun-grabbers at the federal level from coercing with state officials for gun grabs. The law does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions that collect data or restrict or prohibit the manufacture, ownership, or use of firearms, firearm accessories, or ammunition exclusively within the borders of Missouri.

The Federal government’s complaint alleges that the restrictions within HB85 have hindered cooperation and other activities that aid federal, state, and local law enforcement efforts in creating joint Federal Task Forces against Missourians.

The legislation, which was signed into law in 2021 and sponsored by Representative Jered Taylor, invalidates federal firearms laws. Under SAPA, law enforcement agencies can be fined up to $50,000 if they enforce federal gun regulations. You can imagine how infuriated the gun grabbers would be over something like this.

Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division said, “A state cannot simply declare federal laws invalid,” “This act makes enforcement of federal firearms laws difficult and strains the important law enforcement partnerships that help keep violent criminals off the street.”

Missouri Attorney General Eric Schmitt said, “After their disastrous arguments in the Missouri Supreme Court last week, the Biden Department of Justice has now filed yet another partisan lawsuit that seeks to attack Missourians’ Second Amendment rights.”

This is not an especially well written article.  Nonetheless, I told you that the FedGov hated this law.  I told you so.

I think the thing about this the FedGov hates so much is that state, county and local LEOs can be sued for $50,000 and fired for cooperating with agents of the FedGov, and barred from ever working as a LEO again in the state of Missouri.

The reason they hate this is because they need local LEOs to assist in protection, addresses, processing, records (e.g., let’s say that FedGov wants to press other charges) and the like.

This continues the saga of he Missouri 2A preservation act.

I wouldn’t make a prediction on what the SCOTUS will do.  What I do know is that if the state of Missouri is serious about this, it won’t matter and any SCOTUS decision will be ignored.  The state doesn’t have to cooperate with the FedGov in anything.  They could decide to arrest agents of the FedGov and thrown them in the state penitentiary if they so choose, and there’s nothing the FedGov could do about it.

Alabama Constitutional Carry in the Senate

BY Herschel Smith
2 years, 9 months ago

Ammoland.

The Senate is taking swift action on constitutional carry as they previously promised. On Wednesday, at 1:00 PM, the Senate Judiciary Committee will hear House Bill 272. After that, it will receive a final vote on the Senate floor on Thursday. Please contact your state senator and ask them to SUPPORT House Bill 272.

Uh oh.  Boss Hogg (Bobby Timmons) won’t be happy.  The good news is that he may blow a gasket before he tries to repeal the second amendment.

Do the right thing folks.  Don’t strike out.

Prior: Alabama House Passes Permitless Carry Bill

Missouri Prepares to Undo a Bad Gun Control Law

BY Herschel Smith
2 years, 9 months ago

I remain extremely happy with their strength of position on the 2A preservation act.  It looks like patriots in Missouri are preparing to shoot down a bad gun law.

Several bills heard in the House General Laws committee Wednesday morning take on pandemic- and church-related restrictions on firearms.

Among the few gun restrictions left in Missouri is a ban on concealed carry in churches, among a handful of other locations. Under current law, legal gun owners with carry permits may bring their guns if they receive permission from church officials.

Two bills, sponsored by Rep. Nick Schroer, R-St. Charles County, and Rep. Ben Baker, R-Neosho, would flip the law, allowing parishioners to legally carry firearms unless the church specifically prohibits it.

I didn’t know about this Missouri law, but the replacement makes perfect sense.  I recognizes the right of carry, while elevating property rights to the top.

If a church is anti-liberty and doesn’t allow firearms, they should have to post like businesses or offices or any other buildings do.  This would also be a convenience for firearms owners.  If a church doesn’t allow carry, it helps them to turn and walk away when seeing the sign at the door.

Georgia Senate passes permit-less gun carry bill

BY Herschel Smith
2 years, 9 months ago

News from Georgia.

Georgians would be able to carry firearms without a permit under controversial legislation the Republican-controlled state Senate passed Monday.

Supporters said Senate Bill 319, which passed 34-22 along party lines, wouldn’t change state laws governing who can possess guns or where they can carry them.

“This law is simply to remove an unnecessary burden from law-abiding citizens,” said Sen. Jason Anavitarte, R-Dallas, the bill’s chief sponsor. “Criminals do not care about a carry permit.”

[ … ]

Senators defeated an amendment introduced by Sen. Michelle Au, D-Johns Creek, to require background checks of Georgians seeking to buy firearms in private transactions, including at gun shows or flea markets.

Good.  It’s good that they shot down that amendment, and it looks like constitutional carry will pass into law this year in Georgia.  The governor (who is a putz trying to position himself for reelection) has committed to sign it.

The Local Gun Control Fight

BY Herschel Smith
2 years, 9 months ago

ZeroHedge is late to the game, discussing the fact that since gun control has stalled nationally, the new fight will be state and local.  Readers of TCJ have seen me discuss this as far back as perhaps two years ago (or maybe more).  Anyway, I’ve always said that the real fight was state and local, while stipulating that the harm that could be done by FedGov has always been directed towards bans of categories of weapons and shutdown of manufacturing sectors.

But what a difference a new governor makes.  Thus far I’m quite impressed by the new governor of Virginia, whether liberty for students from the Covid mandates, to right to life, and virtually everything else I’ve seen from him.  I doubt that the House and Senate would be going to the trouble they are if in fact they knew this new governor would veto these bills.

Bad laws can always be undone.

On Monday, the Senate Judiciary Committee will hear a number of pro-Second Amendment bills previously passed by the House. These bills are an ongoing effort to roll back infringements upon Second Amendment rights passed during the last two years.

House Bill 204 repeals the five business day delay for firearm transfers and restores the three day delay that was previously in place. The three day delay for state police to complete a background check was already considered appropriate for the technology level of the time when Virginia created its computerized background system decades ago. It is also what federal law considers appropriate in other states that use the federal NICS background check system.

House Bill 325 repeals the law that victimizes gun owners who suffer loss or theft of their property, with a fine if they do not report lost or stolen firearms within 48 hours of discovering them missing.

House Bill 509 restores due process protections in Virginia by repealing the so-called “red flag” scheme that allows the seizure of an individual’s firearms on baseless accusations, without a hearing or other opportunity for the person to be heard in court.

A person subject to the suspension of a Constitutional right should be entitled to high evidentiary standards, an opportunity to be heard, and the right to face his or her accusers. Civil liberties advocates from across the political spectrum have expressed concerns about these schemes and how the procedure may lead to abuses, due to insufficient due process protections.

House Bill 827 prevents localities from passing their own restrictions on lawful carry. Ever since the General Assembly allowed them to do so, anti-gun jurisdictions have created a confusing patchwork of carry restrictions that are difficult to know and obey and result in arbitrary boundaries that disarm law-abiding citizens without doing anything to keep armed criminals out.

It also prohibits localities from filing lawsuits against the firearm industry for lawful activities. It does not prohibit lawsuits for breach of contract or negligence from firearms or ammunition purchased by localities.

Some of this could be much stronger, but it’s a good start.  I have always focused on local, local, local, and I will continue to do so.  Your fight is immediately around you.  Look no further than your city hall, your local Sheriff, your local police chief, your board of county commissioners, and your state government.

Indiana House votes to eliminate license to carry handguns

BY Herschel Smith
2 years, 9 months ago

News from Indiana.

Despite opposition from State Police, the Indiana House on Monday voted to eliminate the license to carry a handgun in Indiana.

House Bill 1369 passed the House by a 65-31 vote and now heads to the Senate, where its already picked up key endorsements. Under the legislation, sometimes called “constitutional carry,” certain offenders still could be prohibited from carrying handguns.

The bill would eliminate the license in March 2022. The licenses raise $5.3 million per year to train law enforcement officers, a tab that taxpayers would at least partially have to pick up.

Opponents worry the bill would make police officers and the general public less safe, but advocates say law abiding citizens should not have to pay for a right guaranteed to them by the Constitution.

It’s a trend in free states!

So now it’s teed up for the Senate.  Don’t the let state down!

Hey Alabama Senate – the Indiana House approved it just like the Alabama House.  It’s clearly supported by the people.  Who will be first, the Indiana senate or the Alabama senate?

Hey South Carolina – aren’t you ashamed now that all you could muster in the last session was open carry (which never should have taken this long to undo)?  Why not constitutional carry?

Alabama House Passes Permitless Carry Bill

BY Herschel Smith
2 years, 9 months ago

News from Alabama.

BIRMINGHAM, Ala. (WBRC) – The Alabama House passed a proposal Tuesday to allow people to carry concealed handguns without a state permit.

House Republicans have named the handgun bill as a priority for the year.

The bill would do away with the requirement to get a concealed carry permit to carry a handgun concealed under clothes or in a purse or bag when they go in public.

Good.  That means they didn’t listen to the controller LEOs who are opposed to this, as they will be in every state.

Boss Hogg won’t like this one little bit.  It may be time to kick him to the curb, you think?

Now, Alabama Senate.  You’re up to bat.  Don’t strike out.

Gun group papers Chuck Brannan’s district demanding hearing for open carry bill

BY Herschel Smith
2 years, 9 months ago

Florida Politics.

The fliers were funded by the National Association for Gun Rights, which takes a “no-compromise stance when defending our right to keep and bear arms.”

Brannan, a Macclenny Republican, chairs the Criminal Justice & Public Safety Subcommittee. The flier includes a call to action to contact Brannan’s office and demand he slate a “constitutional carry” bill for consideration. Specifically, it seeks an agenda spot for legislation (HB 103) carried by Rep. Anthony Sabatini, a Howey-in-the-Hills Republican.

Sabatini, a lawmaker who regularly feuds with GOP leadership, tweeted the legislation was being blocked by RINO lawmakers …

“RINO Cowards like Chris Sprowls are once again BLOCKING Constitutional Carry!” he tweeted. “When will people wake up and vote these TRASH establishment ‘Republicans’ out?!”

Some members have pointed out there is no Senate companion legislation to Sabatini’s bill, which means the bill could not be passed by the full Legislature anyway.

Still, the gun rights organization would like the legislation considered by at least one chamber this year. If passed, the bill would eliminate any requirements for concealed carry permits in order for Floridians to carry firearms in public.

Until the bad actors are eliminated through primaries, this will continue to happen.  We pushed hard enough in South Carolina and made it such centerpiece legislation (even though I don’t live in S.C.) that they took open carry out of the judiciary committee and put it straight on the floor because the committee was blocking it.

Granted, it takes the majority of the senate to do that, but it can be done.

I really want open carry and constitutional carry for Florida.  I remain disappointed that the governor has not brought this up as an important piece of legislation and thrown his weight behind it.  Another reason, of course, that this is stalling is because LEOs are opposed to it.  Of course.

So far my reaction to DeSantis is … meh.


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