U.S. Supreme Court to decide if New York gun law violates U.S. Constitution

On Wednesday, the U.S. Supreme Court appeared ready to overturn New York’s restrictive concealed weapons law, though judges seemed concerned that an overly broad ruling could jeopardize gun restrictions on subways, bars, stadiums, and other locations. New York’s law puts on a burden to New Yorkers requiring them to show a “special need” to carry a firearm. Chief Justice John Roberts and other members of the court suggested that New York’s law had gone too far and may violate the Second Amendment to the U.S. Supreme Court.

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The Second Amendment, part of the Bill of Rights to the U.S. Constitution, reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Second Amendment advocates hope the law is overturned to pave the way for similar laws to be repealed in California and other restrictive states who would also be ruled unconstitutional. About 80 million people live in such states who have had their ability to protect themselves highly limited due to highly restrictive gun laws. These laws cause law-abiding citizens to not own firearms to protect themselves, their families, and their property, while allowing criminals to run roughshod over them as they purchase firearms on the black market.

In 2008, the U.S. Supreme Court ruled that the right to own and carry a gun under the Second Amendment gives Americans the right to have a gun in their home for self-defense. On Wednesday, the question arose about how far state and local governments can go to regulate whether a person can carry a weapon outside the home. New York states that its law is not an outright prohibition on carrying weapons but a more moderate restriction. During a two-hour discussion between lawyers and the justices, about six other states have similar laws like New York’s restrictive concealed weapons law.

Chief Justice John Roberts asked why should a person who requires a license to carry a gun in public for self-defense to prove a special need to do so. “The idea that you need a license to exercise the right, I think, is unusual in the context of the Bill of Rights,” he said.

Still no affirmed motive behind shooting at gun-free zoned VTA light rail yard in San Jose, California

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Yesterday, May 26, 2021, 57-year-old Sam Cassidy, a Valley Transit Authority (VTA) employee, allegedly shot and killed eight co-workers before killing himself at the gun-free zoned VTA San Jose, California rail yard. Although not yet confirmed, some who knew him said Cassidy suffered from anger issues, bi-polar disorder, and alcoholism.

Politicians did not waste anytime politicizing the shooting calling for more control measures, yet is that the right path? Cassidy could kill so many because of the rail yard being designated as a gun-free zone, leaving law abiding VTA employees defenseless. According to the Crime Prevention Research Center, public mass shootings between 1998 and 2018 and reported that 97.8 percent of incidents took place in gun-free zones.

Late last night, President Biden tweeted, “We are still awaiting many of the details of this latest mass shooting in San Jose, but there are some things we know for sure. There are at least eight families who will never be whole again. Every life taken by a bullet pierces the soul of our nation. We must do more.” Many would agree with him and are advising him we need to end gun-free zone policies and end the many gun control laws which have enabled the bulk of these mass shootings.

Marco Rubio’s Red Flag bill is a dangerous attack on the Second Amendment

In the fog of all the wild attempts by Speaker Nancy Pelosi’s (D-CA) House and the Biden administration to destroy the Second Amendment, the U.S. Senate may soon push forward a so-called “Red Flag” gun confiscation bill. Senator Marco Rubio (R-FL) is the lead sponsor of S. 292, which motivates states to pass Red Flag gun confiscation legislation in exchange for federal cash. Early cosponsors of the bill include Senators Rick Scott (R-FL), Angus King (I-ME), and Jack Reed (D-RI), making S. 292 a bi-partisan threat.

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This bill has a good chance to pass and end up on President Biden’s desk, especially since the president called for this very legislation in a recent executive order and some “conservative” Republicans are supportive of the measure, including the two U.S. Senators from Florida.

S.292 would put law-abiding gun owners in the position to have their home raided and guns seized by law enforcement with no warning and no crime committed.

S.292 gives major cash incentives to states who implement these dangerous laws.

This is yet another attempt by D.C. gun grabbers to manipulate states into selling out their citizens and the Bill of Rights.

There is a petition being circulated to stop Sen. Marco Rubio’s Red Flag Gun Confiscation bill.

Senator Rubio isn’t the only Republican willing to sell out the Second Amendment for cheap political points with the press and the gun rights compromise lobby — that’s what makes this bill the biggest threat to the Second Amendment so far this session.

When he introduced the same legislation two years ago, Senator Lindsey Graham (R-SC) locked arms with Rubio and his gun confiscation plan, which the left clearly supports.

“I really can’t see a reason we can’t pursue this . . . we can make a stew here that works!”
-Sen. Lindsey Graham

Under so-called “Red Flag” Gun Confiscation Orders, gun owners could be stripped of their Second Amendment rights through secret court proceedings where only your accuser is present.

If a judge is convinced that you’re a “significant danger” to someone, including yourself, they could effectively revoke your Second Amendment freedoms.

Evidence refutes “assault weapons” ban will decrease gun violence in America

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As the mainstream media once again picks up the torch to ban guns in America, President Biden has stated he is considering an executive order to ban “assault weapons” as a response to the recent shootings in Colorado and Atlanta. Yet, as we know when this was tried for ten years via former President Clinton, it did not work and there is no evidence to support the idea that it will work now.

“While such a move will make people feel better that something is being done, crazy people intending to create mayhem will do so via any means necessary. Whether it is chlorine gas ‘bombs’ or some other means, crimes against humanity will continue so long as hate and insanity exists. Banning a certain type of weapon will have near zero net impact and only create a black market for certain weapons and ammunition. An American is more likely to be murdered by a knife or other sharp instrument than via a gun. During a time when Americans are telling us we must follow the science, shouldn’t we be doing the same regarding gun violence?” said Karl Dickey, chairperson of the Libertarian Party of Palm Beach County.

Mass shootings are only a fraction of gun-related homicides in the United States, accounting for .5 percent of such deaths. More importantly, a three-part study conducted by the Department of Justice supports Dickey’s statement that the 1993-2004 “assault weapons” ban had no bottom line effect on gun violence as criminal shooters migrated to different weapons. Two other studies have come to similar conclusions in that banning high capacity magazines and/or “assault weapons” have or would have any effect on homicide rates; see here and here.

Dickey concluded, “So while passing such laws will make some feel better, we must find better solutions to identify those who pose a danger to others without violating the Second or Fourth Amendments to the U.S. Constitution. Any elected official proposing such violations is guilty of not honoring their Oath of Office and must be removed from public office. We need actual solutions, not feel good legislation, as we found with the Federal Assault Weapons Ban (AWB) from 1994.”

Proposed federal laws would restrict gun rights

The U.S. House and the U.S. Senate are attempting to register every gun and gun owner in America.

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H.R. 8 would criminalize the transfer of a firearm unless it first goes through a government screening process which would register the seller and buyer and the firearm with the federal government. The bill is effectively a universal federal gun registration scheme. We have not found this type of law to reduce crime or gun violence in the states they have enacted it, and there is no reason to believe it would be different on the federal level. H.R. 8 has very few exceptions and because the word “transfer” is not defined in the legislation, even handing a gun to a neighbor could invoke the new regulation if approved by both houses and signed into law by President Biden.

This legislation is redundant. There are existing gun laws in every state to prevent ineligible people from purchasing firearms.
• Background checks are an unconstitutional invasion of privacy. The creation of this registry allows the government to trace every firearm and every gun owner.
• H.R. 8 disenfranchises lower income Americans from purchasing a firearm from a close friend or neighbor because of the extra fees associated with background checks.
• Background checks do not stop crime. It is inaccurate to assume that a background check will show future criminal intent. Also, criminals wanting a gun will get it illegally.
• Often, “background checks” can take up to 8 days to process. This violates the rights of people to purchase a gun and to protect themselves, putting law-abiding citizens in danger when they need to purchase a firearm quickly. A right delayed is a right denied.
• Up to 95% of NICS denials are false positives, denying law abiding Americans from purchasing firearms. Expanding NICS through H.R. 8 will lead to more unjustified denials.

H.R. 1446 is a bill that would subject law-abiding gun owners to indefinite delays for those seeking FBI permission to purchase a firearm. Called the enhanced Background Check Act of 2021, H.R. 1446 was introduced on March 1, 2021 would effectively extend the wait time one may receive a purchased firearm from a retail store from three days to ten days.

Larry Keane, of the National Shooting Sports Foundation, said, “If the bill is the same as what was introduced in the last Congress, we will be opposed to it now as we were then. This bill increases the burden on small business firearm retailer owners and flips the burden of proof on its head. This would make it incumbent upon the law-abiding citizen to prove his or her innocence to the government to exercise their Second Amendment right to purchase a firearm instead of the government being responsible for proving an individual is prohibited. This could potentially deny a law-abiding citizen their rights for up to a month, while they are saddled with the burden of proving their innocence. That’s un-American.

“Rather than placing further burdens on retailers and law-abiding gun owners, Congress should focus on adequately resourcing NICS. NSSF is the only organization that has successfully advocated for NICS to have the necessary resources to perform its mission in a timely manner.”

More people use guns for self defense than die in car accidents each year in America

How is it that so many kids raised on “Harry Potter”, “The Hunger Games”, “Star Wars”, and all the Marvel action figure movies manage to miss a critical point of the stories? The lesson being: If you want to prevail over evil villains, you must have the proper tools to fight back.

Millions of people protect themselves and their families with guns every day in the United States. They choose guns as a means of self-defense for the same reason the Secret Service uses them to protect the president: guns stop bad people from doing bad things to good people.

It’s absurd to speak about the right of self-defense in theory but then deny people the tools they need to exercise that right.

Without a gun, most Americans are defenseless at the hands of a violent criminal. How many of us have training in hand-to-hand fighting, the physical strength, and the mental resilience to react in a fight-or-flight situation to repel an aggressive predator, especially someone who attacks us first and is armed with a deadly weapon?

Does a gun guarantee your safety? No, but it gives you the ability to defend yourself against an armed, physically superior, or mentally unstable attacker (or all three).

Why in the world would anyone not want to have the means to protect themselves and their families against criminal predators and lunatics? Worse yet, why would anyone actively lobby their government to deprive themselves and every other law-abiding citizen of the most effective means to protect themselves?

The gun grabbers are convinced that if we shut down the National Rifle Association and take away guns from law-abiding gun owners, then bad people will no longer have the tools to do bad things.

A gun is a tool, plain and simple. You should own a gun for the same reason you install smoke and carbon monoxide detectors, purchase fire extinguishers, and buckle your seat belt. An ounce of prevention is worth a pound of cure.

Smart people are prepared. Foolish people bring a knife—or nothing at all—to a gunfight.

The gun grabbers say: “There is no evidence that guns save lives.” The truth: If there is no proof that guns save lives, then why does every American law enforcement agency, including the U.S. Secret Service, carry guns? What’s the point of the guns?

There is an old saying in the world of investing: “Do what the smart money does.” This means that when you personally invest, it makes sense to buy and sell the same investments as the “smart money” people—large banks, institutional investors, hedge funds, and investment gurus like Warren Buffett. The idea is that these industry leaders have a better understanding of the marketplace and better access to information than ordinary investors do. And that is usually true.

What do the “smart money” people do when it comes to protecting lives?

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Virtually all professionals carry guns—and lots of them. Federal, state, and local law enforcement agencies charged with protecting the streets you walk on all carry guns. The Secret Service protects the president with guns. The federal Department of Homeland Security, with its $44 billion annual budget, issues its own agents handguns and fully automatic rifles (rifles far more powerful than the AR-15s many gun grabbers don’t want you to have to protect yourself).

So, the smart money in the business of protecting lives chooses guns. That’s right. They choose guns!

But if you don’t want to follow the smart money on guns, then let’s turn to the statistical scoreboard. Does civilian gun use help in self-defense against criminals?

The U.S. Department of Justice investigated firearm violence from 1993 through 2011. The report found, “In 2007–2011, about 1 percent of nonfatal violent crime victims used a firearm in self-defense.” Anti-gun zealots attempt to use this statistic to discredit the use of a gun as a viable means of self-defense, and by extension, to discredit gun ownership in general.

But look deeper into the numbers. During that five-year period, the Department of Justice confirmed a total of 338,700 defensive gun uses in both violent attacks and property crimes where a victim was involved. That equals an average of 67,740 defensive gun uses every year. In other words, according to the Justice Department’s own statistics, 67,740 people a year don’t become victims because they own a gun. (I suspect that if more states allowed concealed carry to be widespread, the number of instances of defensive gun uses would be even higher.)

Is it significant that at least 67,740 individuals use a gun in self-defense each year? Well, in 2016, 37,461 people died in motor vehicle accidents in the United States; in 2015, the number was 35,092 people. Mark Rosekind, administrator of the National Highway Transportation and Safety Administration (NHTSA), called those road fatalities “an immediate crisis.” If the NHTSA administrator considers it a crisis that approximately 37,000 people are dying annually from car accidents, then saving nearly twice that many people each year through the use of firearms is simply stunning.

In reality, the Department of Justice findings about defensive gun uses are very conservative. A 2013 study ordered by the Centers for Disease Control and Prevention (CDC) and conducted by the Institute of Medicine and the National Research Council found that:

Defensive use of guns by crime victims is a common occurrence… Almost all national survey estimates indicate that defensive gun uses by victims are at least as common as offensive uses by criminals, with estimates of annual uses ranging from about 500,000 to more than 3 million…in the context of about 300,000 violent crimes involving firearms in 2008… On the other hand, some scholars point to a radically lower estimate of only 108,000 annual defensive uses based on the National Crime Victimization Survey…”

The most comprehensive study ever conducted about defensive gun use in the United States was a 1995 survey published by criminologist Gary Kleck in the Journal of Criminal Law and Criminology. This study reported between 2.1 and 2.5 million defensive gun uses every year.

Ultimately, the number of defensive gun uses doesn’t matter much to the anti-gun zealots. Whether the number is 67,000 or 2.5 million or anywhere in between, they’ll do whatever they can to dismiss defensive gun uses as insignificant. They want to focus only on the dead people lying in the street rather than those folks who use a firearm to remain standing.

I suspect those people still alive would have a different view.

Reprinted from The Daily Signal

Excerpt from“#Duped: How the Anti-gun Lobby Exploits the Parkland School Shooting-and How Gun Owners Can Fight Back”.

Mark W. Smith
Mark W. Smith

Mark W. Smith is a constitutional attorney and author. Smith currently serves as the vice president of the New York City chapter of the Federalist Society and is also a presidential scholar and senior fellow in Law and Public Policy at The King’s College in New York City.

This article was originally published on FEE.org. Read the original article.

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Who is running for Florida State Senate District 31? Well, Tami Donnally and Lori Berman of course

Florida State District 31 Map

This November 3, 2020, voters in Florida’s District 31 for the Florida State Senate will choose between incumbent Lori Berman or Tami Donnally. The two face off again as they have gone up against each other in the past, most recently during the 2018 special election. While Donnally is showcasing the issues of mental health, addiction, and education, Berman lists no stance on any issues on her website. She does state that she is for gun control, is pro-choice on abortion, and is an advocate for government-run schools.

Donnally and Berman agree that “home rule” should be the case for each municipality and county, getting the federal and state government out of as many issues as possible. Though they may disagree on the scope of home rule, they seem lockstep in strong local control.

Tami Donnally

As schools are “reopening” today, Donnally and Berman are on opposite ends of this issue. Donnally is confident in reopening of in-person school education so long as the school district meets certain parameters, while Berman is opposed to it as being unsafe and students should continue virtual learning.

While Berman is supportive of public charter schools, she is against school choice via the state’s voucher program. Florida Governor DeSantis recently expanded the program, which helps underprivileged students expand their options on education during their formative years. Donnally is supportive of school choice, allowing parents to choose which school their child attends, public or private.

Lori Berman

On the issue of guns, there are stark differences between the two. Berman believes we should require one to ask permission from the government to own a firearm, should not be permitted to conceal carry, and would like to see stricter gun control measures on Florida citizens. Donnally is a firm supporter of the Second Amendment and would like vote against further gun control measures should she represent District 31 in the Florida State Senate.

When it comes to the issue of drugs, both Berman and Donnally are not in favor of a general legalization. While Berman would be will to tax and legalize marijuana, it would come with a host of provisions and she is against legalizing any other drugs which are currently illegal such as cocaine or heroin. Donnally is not in favor of any measure as she finds drugs currently illegal, harmful enough and would not support their legalization.

Surviving An Active Shooter Encounter Webinar Tomorrow Online

Florida Carry is partnering with The Firearms Firm to put to host a free webinar to help you better understand how to survive an active shooter encounter. Nobody has more control over your survival than you do. This life saving event and discover what you can do when confronted with an “active shooter” situation.

Florida Carry and U.S. LawShield are conducting a free webinar tomorrow, August 26, 2020 at 6:30 PM. This webinar will help people learn how best to react to an active shooter. Florida Carry is partnering with The Firearms Firm to put to host a free webinar to help you better understand how to survive an active shooter encounter. Nobody has more control over your survival than you do. This life saving event and discover what you can do when confronted with an “active shooter” situation.

Receive real-life knowledge and guidance from Law Enforcement professionals trained to handle these life-threatening situations. Then learn the laws that can protect you in the legal system if you have to use force to fight back. 

This is one event you do not want to miss! This event is taught by Florida licensed attorneys and Florida Law Enforcement. Register Today, space is limited.

As tensions rise, gun sales rise in America

One way to monitor how active firearms sales are in America is by reviewing the number of background checks when a firearm is purchased by a federal firearms licensee ( a typical gun store ). Last month, those background checks exceeded 135% (3.9 million) over June 2019. Here in Florida, there were 210,415 background checks to purchase firearms from firearms dealers in June 2020.

Photo via Wikimedia Commons

There could be several reasons for this rise in gun sales; from the recent protests, to those predicting a dire economy in coming months, to recent U.S. Supreme Court inaction on gun rights.

For all the talk about how “right-wing” the U.S. Supreme Court has become, it has chosen not to hear key Second Amendment cases, kicking them back down to the states. Two cases that refused to be heard by the Court in June were dealing with semi-automatic firearms that are banned in two states. One would think if the court was so “right-wing” that the Court would hear those cases and strike down those bans; however, it was not to be. So some Americans are fearful more bans are on the way, so they need to get the firearms they need for protection now. President Trump saying things like, “Take the firearms first and then go to court,” doesn’t help qualm the fears of gun owners. Trump’s ban on bump stocks, extending the waiting period to purchase a firearm, and his statement that he supports a “ban on assault weapons,” leaves room for fear for Americans to get their guns now.

Then there is the fresh rise of Black Lives Matter (BLM) protests after the May 25, 2020 killing of George Floyd by Minneapolis police officer, Derek Chauvin. The killing of Floyd helped reignite anger against the police and put back in focus the relations between blacks and whites in America. The spillover has resulted in various statutes being defaced or toppled, even that of Frederick Douglass, which has caused many Americans to wonder where the violence is going next.

Meanwhile, fear that the government will turn off the spigot of “free money” going out to the populous and cause widespread thefts and violence is another reason people are adding to their personal protection plans. Many Americans who have had their businesses closed or have had their livelihoods adversely affected by government closure mandates because of COVID-19, may have to figure out other means of income. Congress may re-institute another payment program for these business owners and workers next week as Senators and U.S. House members return to work, but that is all unsure at this point. But many see on the horizon the potential for mass layoffs from major and small businesses as the government mandates they patronize fewer businesses. While unemployment has been going down recently, many feel it will rise dramatically because of the government shutdowns. Bankruptcies, foreclosures, tax deed sales, are all genuine possibilities in coming months.

Since we have a presidential election coming up on November 3, 2020, it is worth noting where the three presidential candidates who are expected to appear on the ballot in all 50 states stand on gun rights and gun control. As mentioned earlier in this article, Donald Trump has not been the best in the eyes of gun rights advocates, and it would seem that he and Joe Biden are similarly aligned for gun control measures. They both feel “assault weapons” (however those are defined) should be banned from Americans’ possession, support extensive background checks before a citizen can purchase a firearm, and support so-called red flag laws. Jo Jorgensen has stated her opinion on gun rights this way via her Twitter account, “I support the repeal of all laws restricting the right to bear arms, including red flag laws. I would abolish the ATF whose sole purpose is to enforce unconstitutional laws.” So it would appear, if you support gun control, then a vote for Biden or Trump is in order, and if you support gun rights, then a vote for Jorgensen would be in order.

Campaign Websites: Joe Biden, Jo Jorgensen, Donald Trump.

Anti-gun activist buys a gun because Chicago’s gun control laws aren’t working

Chicago gun control activist, Camiella Williams admits the strict laws limiting law-abiding citizens to own guns hasn’t work which is why she bought one for herself, for self-protection. Williams has been on countless media interviews and lobbied for stricter gun control laws but has seen gun violence getting worse in Chicago. So much so she has moved herself and her son to the suburbs to escape the violence.

In September 2017, Chicago had 57 of its citizens shot and killed out of a total of 329Guns_&_Ammo_4 shootings. That is almost two people dying each day in Chicago from a gun which leads many to the conclusion that stricter gun laws are the answer. But the opposite is true, as criminals, by definition, do not care about stricter gun laws and in fact want law-abiding citizens to have less access to guns so they have an edge. And while some in the nation say we need less guns on the street, if one is interested in less gun violence, then that is simply not the case.

Washington, D.C. is a prime example as it used to be the murder capital of the United States. In the mid-1970s D.C. implemented very strict gun laws leaving law-abiding citizens with very limited defenses. Homicides more than doubled. After the Heller decision, the homicide rate has rapidly decreased to be lower than when the stricter gun control laws were implemented in the mid-1970s. D.C. still has a long way to go to get their gun laws back to compliance with the Second Amendment; however, its history shows stricter gun control laws are not the answer to limiting gun violence.

The CRS Report for Congress backs up these findings across the board. According to the report, Americans use handguns for self-defense well over 2 million times each year. Also found in the report, contrary to what we hear in the mainstream media, juvenile deaths from firearms have steadily decreased since 1994 from 3,319 per year down to 1,392 per year and that number continues to decline. Those deaths are for a myriad of reasons; from homicides, suicide, accidents, and juveniles killed by police.

Another interesting fact is that states that are most in line with the Second Amendment (with fewer restrictions on gun ownership) tend to have less gun violence deaths. Even Massachusetts, which could do better with some of its gun laws, has a relatively low firearm-related murder rate. People may not realize that in Massachusetts one can open carry their handgun and one is not required to register their gun ownership with the government.

Another interesting finding, again something contrary to what we hear from the mainstream media is that murder rates with firearms have steadily decreased over the years and is now half of what it was in 1993. The murder rate with firearms used to 6.6 per 100,000 of the population and is now 4.88 which is much lower than the global average of 6.2 according to the United Nations Office on Drugs and Crime.

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