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So You Think You Know the Second Amendment? – The New Yorker

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Jul 222015
 

Does the Second Amendment prevent Congress from passing gun-control laws? The question, which is suddenly pressing, in light of the reaction to the school massacre in Newtown, is rooted in politics as much as law.

For more than a hundred years, the answer was clear, even if the words of the amendment itself were not. The text of the amendment is divided into two clauses and is, as a whole, ungrammatical: 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. The courts had found that the first part, the militia clause, trumped the second part, the bear arms clause. In other words, according to the Supreme Court, and the lower courts as well, the amendment conferred on state militias a right to bear armsbut did not give individuals a right to own or carry a weapon.

Enter the modern National Rifle Association. Before the nineteen-seventies, the N.R.A. had been devoted mostly to non-political issues, like gun safety. But a coup dtat at the groups annual convention in 1977 brought a group of committed political conservatives to poweras part of the leading edge of the new, more rightward-leaning Republican Party. (Jill Lepore recounted this history in a recent piece for The New Yorker.) The new group pushed for a novel interpretation of the Second Amendment, one that gave individuals, not just militias, the right to bear arms. It was an uphill struggle. At first, their views were widely scorned. Chief Justice Warren E. Burger, who was no liberal, mocked the individual-rights theory of the amendment as a fraud.

But the N.R.A. kept pushingand theres a lesson here. Conservatives often embrace originalism, the idea that the meaning of the Constitution was fixed when it was ratified, in 1787. They mock the so-called liberal idea of a living constitution, whose meaning changes with the values of the country at large. But there is no better example of the living Constitution than the conservative re-casting of the Second Amendment in the last few decades of the twentieth century. (Reva Siegel, of Yale Law School, elaborates on this point in a brilliant article.)

The re-interpretation of the Second Amendment was an elaborate and brilliantly executed political operation, inside and outside of government. Ronald Reagans election in 1980 brought a gun-rights enthusiast to the White House. At the same time, Orrin Hatch, the Utah Republican, became chairman of an important subcommittee of the Senate Judiciary Committee, and he commissioned a report that claimed to find clearand long lostproof that the second amendment to our Constitution was intended as an individual right of the American citizen to keep and carry arms in a peaceful manner, for protection of himself, his family, and his freedoms. The N.R.A. began commissioning academic studies aimed at proving the same conclusion. An outr constitutional theory, rejected even by the establishment of the Republican Party, evolved, through brute political force, into the conservative conventional wisdom.

And so, eventually, this theory became the law of the land. In District of Columbia v. Heller, decided in 2008, the Supreme Court embraced the individual-rights view of the Second Amendment. It was a triumph above all for Justice Antonin Scalia, the author of the opinion, but it required him to craft a thoroughly political compromise. In the eighteenth century, militias were proto-military operations, and their members had to obtain the best military hardware of the day. But Scalia could not create, in the twenty-first century, an individual right to contemporary military weaponslike tanks and Stinger missiles. In light of this, Scalia conjured a rule that said D.C. could not ban handguns because handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.

So the government cannot ban handguns, but it can ban other weaponslike, say, an assault rifleor so it appears. The full meaning of the courts Heller opinion is still up for grabs. But it is clear that the scope of the Second Amendment will be determined as much by politics as by the law. The courts will respond to public pressureas they did by moving to the right on gun control in the last thirty years. And if legislators, responding to their constituents, sense a mandate for new restrictions on guns, the courts will find a way to uphold them. The battle over gun control is not just one of individual votes in Congress, but of a continuing clash of ideas, backed by political power. In other words, the law of the Second Amendment is not settled; no law, not even the Constitution, ever is.

Photograph by Mario Tama/Getty.

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So You Think You Know the Second Amendment? – The New Yorker

Second Amendment | Wex Legal Dictionary / Encyclopedia …

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May 282015
 

The Second Amendment of the United States 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.” Such language has created considerable debate regarding the Amendment’s intended scope. On the one hand, some believe that the Amendment’s phrase “the right of the people to keep and bear Arms” creates an individual constitutional right for citizens of the United States. Under this “individual right theory,” the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some scholars point to the prefatory language “a well regulated Militia” to argue that the Framers intended only to restrict Congress from legislating away a state’s right to self-defense. Scholars have come to call this theory “the collective rights theory.” A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.

In 1939 the U.S. Supreme Court considered the matter in United States v. Miller. 307 U.S. 174. The Court adopted a collective rights approach in this case, determining that Congress could regulate a sawed-off shotgun that had moved in interstate commerce under the National Firearms Act of 1934 because the evidence did not suggest that the shotgun “has some reasonable relationship to the preservation or efficiency of a well regulated milita . . . .” The Court then explained that the Framers included the Second Amendment to ensure the effectiveness of the military.

This precedent stood for nearly 70 years when in 2008 the U.S. Supreme Court revisited the issue in the case of District of Columbia v. Heller (07-290). The plaintiff in Heller challenged the constitutionality of the Washington D.C. handgun ban, a statute that had stood for 32 years. Many considered the statute the most stringent in the nation. In a 5-4 decision, the Court, meticulously detailing the history and tradition of the Second Amendment at the time of the Constitutional Convention, proclaimed that the Second Amendment established an individual right for U.S. citizens to possess firearms and struck down the D.C. handgun ban as violative of that right. The majority carved out Miller as an exception to the general rule that Americans may possess firearms, claiming that law-abiding citizens cannot use sawed-off shotguns for any law-abiding purpose. Similarly, the Court in its dicta found regulations of similar weaponry that cannot be used for law-abiding purposes as laws that would not implicate the Second Amendment. Further, the Court suggested that the United States Constitution would not disallow regulations prohibiting criminals and the mentally ill from firearm possession.

Thus, the Supreme Court has revitalized the Second Amendment. The Court continued to strengthen the Second Amendment through the 2010 decision inMcDonald v. City of Chicago(08-1521). The plaintiff inMcDonaldchallenged the constitutionally of the Chicago handgun ban, which prohibited handgun possession by almost all private citizens. In a 5-4 decisions, the Court, citing the intentions of the framers and ratifiers of the Fourteenth Amendment, held that the Second Amendment applies to the states through theincorporation doctrine.However, the Court did not have a majority on which clause of the Fourteenth Amendment incorporates the fundamental right to keep and bear arms for the purpose of self-defense. While Justice Alito and his supporters looked to the Due Process Clause, Justice Thomas in his concurrence stated that the Privileges and Immunities Clause should justify incorporation.

However, several questions still remain unanswered, such as whether regulations less stringent than the D.C. statute implicate the Second Amendment, whether lower courts will apply their dicta regarding permissible restrictions, andwhat level of scrutiny the courts should apply when analyzing a statute that infringes on the Second Amendment.

Recent case law since Heller suggests that courts are willing to, for example, uphold

See constitutional amendment.

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Second Amendment | Wex Legal Dictionary / Encyclopedia …

Brantley Gilbert Inks His Love For The Second Amendment …

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May 132015
 

Model Erin Wasson attends “The Heimlich Maneuver” screening at Soho Grand Hotel in NYC on June 27, 2012 (Rob Kim/Getty photo)

Singer Rihanna attends the DKMS’ 5th Annual Gala: Linked Against Leukemia honoring Rihanna & Michael Clinton hosted by Katharina Harf at Cipriani Wall Street on April 28, 2011 in New York City. (Andrew H. Walker, Getty Images)

Rihanna attends the “Alexander McQueen: Savage Beauty” Costume Institute Gala at The Metropolitan Museum of Art on May 2, 2011 in New York City. (Stephen Lovekin, Getty Images)

TV personality Kelly Osbourne (tattoo detail) attends the L.A. Gay & Lesbian Center’s “An Evening” benefiting homeless youth services at Sunset Tower on January 23, 2012 in West Hollywood, California. (David Livingston, Getty Images)

TV personality Kelly Osbourne (tattoo detail) attends the L.A. Gay & Lesbian Center’s “An Evening” benefiting homeless youth services at Sunset Tower on January 23, 2012 in West Hollywood, California. (David Livingston, Getty Images)

Singer Trisha Yearwood attends a Celebration of Paul Newman’s Dream to Benefit the SeriousFun Children’s Network at Avery Fisher Hall, Lincoln Center on April 2, 2012 in New York City. (Larry Busacca, Getty Images)

Trisha Yearwood performs onstage at the Songwriters Hall of Fame 42nd Annual Induction and Awards at The New York Marriott Marquis Hotel – Shubert Alley on June 16, 2011 in New York City. (Larry Busacca, Getty Images)

Actress Angelina Jolie arrives at the 18th Annual Screen Actors Guild Awards at The Shrine Auditorium on January 29, 2012 in Los Angeles, California. (Jason Merritt, Getty Images)

Actress Angelina Jolie arrives at the 18th Annual Screen Actors Guild Awards at The Shrine Auditorium on January 29, 2012 in Los Angeles, California. (Jason Merritt, Getty Images)

Actress Kyra Sedgwick arrives at the 18th Annual Screen Actors Guild Awards at The Shrine Auditorium on January 29, 2012 in Los Angeles, California. (Jason Merritt, Getty Images)

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2nd Amendment advocates push to repeal switchblade, other …

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May 122015
 

Shown here is a spring-assisted knife.(AP)

Once overshadowed by the hot-button gun rights debate, laws restricting knife sales and possession are the new “second front” in the battle to preserve Second Amendment rights.

The issue has gained more attention in recent years — most recently in Baltimore, where obscure knife laws have surfaced at the center of the Freddie Gray death case.Well before that case, though, the nonprofit advocacy group Knife Rights has been steadily working in state capitals across the country to roll back or repeal longstanding knife bans and restrictions.

And they’ve seen a string of successes.

Weve introduced the Second Amendment to a significant number of people who never considered it their amendment, said Doug Ritter, who founded Knife Rights in Arizona in 2009.

The group argues that possessing and carrying any kind of blade is, as with guns, a right enshrined in the Constitution.They’ve deployed that argument to, so far, help 10 states wipe most — if not all — knife restrictions from the books. It also has successfully advocated for so-called preemption laws in eight states, blocking local jurisdictions from circumventing state law with their own, stricter regulations.

Not all repeals are the same — some leave laws against switchblades like stilettos on the books. But others are comprehensive, like in Oklahoma and Maine, which just legalized switchblades, in March and April respectively.

Knife Rights first victory was in 2010, when it worked to get all switchblades, dirks and daggers legalized in New Hampshire. Bills in several other states are currently pending.

Theres no blood running in the streets, no state has come back and said we shouldnt have done this and tried to reinstate [laws], Ritter said.

Contrary to the image of gang members carrying butterfly knives to the local rumble, people carry knives for a multitude of reasons, and it is not to maim or kill, Ritter said. The reality is, millions of Americans use and own knives at home, work, and recreation. But every once in a while someone uses a knife as an arm, to protect the family.

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Twenty-second Amendment to the United States Constitution

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Apr 142015
 

The Twenty-second Amendment of the United States Constitution sets a term limit for election to the office of President of the United States. Congress passed the amendment on March 21, 1947. It was ratified by the requisite number of states on February 27, 1951.

Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

Historians point to George Washington’s decision not to seek a third term as evidence that the founders saw a two-term limit as a bulwark against a monarchy, although his Farewell Address suggests that he was not seeking re-election because of his age. Thomas Jefferson also contributed to the convention of a two-term limit when he wrote in 1807, “if some termination to the services of the chief Magistrate be not fixed by the Constitution, or supplied by practice, his office, nominally four years, will in fact become for life.”[1] Jeffersons immediate successors, James Madison and James Monroe, adhered to the two-term principle as well. In a new political atmosphere several years later, Andrew Jackson continued the precedent.

Prior to Franklin D. Roosevelt, few Presidents attempted to serve for more than two terms. Ulysses S. Grant sought a third term in 1880 after serving from 1869 to 1877, but narrowly lost his party’s nomination to James Garfield. Grover Cleveland tried to serve a third term (and second consecutive term) in 1896, but did not have enough support in the wake of the Panic of 1893. Cleveland lost support to the Silverites led by William Jennings Bryan, and declined to head the Gold Democrat ticket, though he did endorse the Gold Democrats. Theodore Roosevelt succeeded to the presidency upon William McKinley’s assassination and was himself elected in 1904 to a full term, serving from 1901 to 1909. He sought to be elected to a (non-consecutive) term in 1912 but lost to Woodrow Wilson. Wilson himself tried to get a third term in 1920,[citation needed] by deadlocking the convention. Wilson deliberately blocked the nomination of his Secretary of the Treasury and son-in-law, William Gibbs McAdoo. However, Wilson was too unpopular even within his own party at the time, and James M. Cox was nominated. In 1940, Franklin D. Roosevelt became the only president to be elected to a third term; supporters cited the war in Europe as a reason for breaking with precedent.

In the 1944 election, during World War II, Roosevelt won a fourth term but suffered a cerebral hemorrhage and died in office the following year. Thus, Franklin Roosevelt was the only President to have served more than two terms. Near the end of the 1944 campaign, Republican nominee Thomas E. Dewey, the governor of New York, announced support of an amendment that would limit future presidents to two terms. According to Dewey, “Four terms, or sixteen years, is the most dangerous threat to our freedom ever proposed.”[2]

The Republican-controlled 80th Congress approved a 22nd Amendment in March 1947;[3] it was signed by Speaker of the House Joseph W. Martin and acting President pro tempore of the Senate William F. Knowland.[4] Nearly four years later, in February 1951, enough states ratified the amendment for its adoption. While excluded from the amendment’s restrictions, then-President Harry S. Truman ultimately decided not to seek another term in 1952.[3]

The Congress proposed the Twenty-second Amendment on March 24, 1947.[5] The proposed amendment was adopted on February 27, 1951. The following states ratified the amendment:

Ratification was completed on February 27, 1951. The amendment was subsequently ratified by the following states:

In addition, the following states voted to reject the amendment:

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Twenty-second Amendment to the United States Constitution

Giveaway Winners for April 7 2015 – Video

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Apr 142015
 



Giveaway Winners for April 7 2015
Second Amendment Giveaways A brief film announcing the latest giveaway winners for our April 7 2015 giveaway. Prizes won during this giveaway: A United Cutlery M48 military tactical knife…

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Giveaway Winners for April 7 2015 – Video

2015 NRA Convention Interview with Michigan 2nd Amendment Supporters – Video

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Apr 142015
 



2015 NRA Convention Interview with Michigan 2nd Amendment Supporters
NRA Convention Interview outside of the Allen Jackson concert in Nashville, Tennessee. Chris and Marty Welch are from michigan and are firm supporters of the Second Amendment. They attend…

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2015 NRA Convention Interview with Michigan 2nd Amendment Supporters – Video

PASTOR SAYS BLACKS NEED TO GET GUNS AND FIGHT BACK – Video

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Apr 142015
 



PASTOR SAYS BLACKS NEED TO GET GUNS AND FIGHT BACK
A Christian Pastor in the wake of the murder of Walter Scott, says that nonviolence does not work in today society, and that black people need to use their second amendment right of getting…

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PASTOR SAYS BLACKS NEED TO GET GUNS AND FIGHT BACK – Video

More than 70,000 people attended event

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Apr 132015
 

NASHVILLE (CNN) –

A pack of 2016 Republicans made their pitch for president Friday before the National Rifle Association’s annual meeting in Nashville, blasting the Obama administration for what they described as an erosion of freedom while punctuating their remarks with sharp enthusiasm for Second Amendment rights.

The contenders also used the principles behind gun rights to fire off criticism of President Barack Obama’s handling of national security, further signaling the influential role that foreign policy is expected to have in the presidential election.

More than 70,000 people descended upon Music City to attend the convention, but tickets to see the candidates speak in a five-hour long forum was limited to about 5,000 people.

Sen. Ted Cruz of Texas was the only declared candidate on stage Friday. Other potential contenders included former Florida Gov. Jeb Bush, former Sen. Rick Santorum of Pennsylvania, former Texas Gov. Rick Perry, Wisconsin Gov. Scott Walker, Louisiana Gov. Bobby Jindal, former Arkansas Gov. Mike Huckabee, retired neurosurgeon Ben Carson, former Hewlett-Packard CEO Carly Fiorina and Sen. Lindsey Graham of South Carolina.

1. Candidates show off gun credentials

As tradition at the annual NRA gathering, the speakers tried to establish their own longstanding history with guns in different ways. Santorum held up his concealed carry card before the audience and boasted that his wife requested ammunition for an upcoming birthday.

Walker talked about bow-hunting, while Huckabee perused the firearm vendor hall and later listed on stage the guns he grew up with, including his first BB gun at the age of five. “I still have the same gun in mint condition,” he said.

Perry screened a video showing off his shooting skills (the same video was also shown at the 2013 NRA convention). The former governor also crowed about the gun manufacturers he recruited to Texas from other states.

For Bush, the NRA meeting was a chance to tout his record, including his A+ rating from the NRA, before a conservative crowd that’s largely skeptical of him due to his more moderate positions on immigration and Common Core.

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More than 70,000 people attended event

Six takeaways from the NRA convention

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Apr 132015
 

A pack of 2016 Republicans made their pitch for president Friday before the National Rifle Association’s annual meeting in Nashville, blasting the Obama administration for what they described as an erosion of freedom while punctuating their remarks with sharp enthusiasm for Second Amendment rights.

The contenders also used the principles behind gun rights to fire off criticism of President Barack Obama’s handling of national security, further signaling the influential role that foreign policy is expected to have in the presidential election.

More than 70,000 people descended upon Music City to attend the convention, but tickets to see the candidates speak in a five-hour long forum was limited to about 5,000 people.

Sen. Ted Cruz of Texas was the only declared candidate on stage Friday. Other potential contenders included former Florida Gov. Jeb Bush, former Sen. Rick Santorum of Pennsylvania, former Texas Gov. Rick Perry, Wisconsin Gov. Scott Walker, Louisiana Gov. Bobby Jindal, former Arkansas Gov. Mike Huckabee, retired neurosurgeon Ben Carson, former Hewlett-Packard CEO Carly Fiorina and Sen. Lindsey Graham of South Carolina.

1. Candidates show off gun credentials

As tradition at the annual NRA gathering, the speakers tried to establish their own longstanding history with guns in different ways. Santorum held up his concealed carry card before the audience and boasted that his wife requested ammunition for an upcoming birthday.

Walker talked about bow-hunting, while Huckabee perused the firearm vendor hall and later listed on stage the guns he grew up with, including his first BB gun at the age of five. “I still have the same gun in mint condition,” he said.

Perry screened a video showing off his shooting skills (the same video was also shown at the 2013 NRA convention). The former governor also crowed about the gun manufacturers he recruited to Texas from other states.

For Bush, the NRA meeting was a chance to tout his record, including his A+ rating from the NRA, before a conservative crowd that’s largely skeptical of him due to his more moderate positions on immigration and Common Core.

Bush proclaimed to the audience that he’s “been with you in trenches” as an “NRA life member since 1986.” He also listed the gun rights measures he enacted or maintained as former governor, and defended the stand your ground laws in Florida that became a hot topic following the shooting death of Trayvon Martin.

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The Death of the Second Amendment – Video

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Apr 122015
 



The Death of the Second Amendment
Much easier to arrest law abiding citizens then criminals. Tough NJ Gun Laws Seen Entrapping Legal Gun Owners New Jersey's strict gun laws are leading to the arrest and in some cases incarceration …

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The Death of the Second Amendment – Video

1st & 2nd Amendment Attack Caught On Camera Cop Kicks Down Second Amendment Sign – Video

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Apr 122015
 



1st 2nd Amendment Attack Caught On Camera Cop Kicks Down Second Amendment Sign
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1st & 2nd Amendment Attack Caught On Camera Cop Kicks Down Second Amendment Sign – Video

Donald Rumsfeld, former Secretary of Defense – Video

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Apr 122015
 



Donald Rumsfeld, former Secretary of Defense
Donald Rumsfeld talks about the NRA show, his guns and the Second Amendment.

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Ben Carson Speaks on Second Amendment at NRA Leadership Forum – Video

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Apr 122015
 



Ben Carson Speaks on Second Amendment at NRA Leadership Forum
Ben Carson addresses the 144th annual NRA Annual Leadership Meeting. The potential GOP presidential candidate used his time to clarify his stance on the Second Amendment. “For the record let…

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GUN RIGHTS UNDER FIRE Illegal police grabs of legal firearms rising nationwide

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Apr 122015
 

Attorney Chuck Michel represented Michael Roberts after his firearms were seized.

Cherished family heirlooms were among the 21 firearms Michael Roberts surrendered to the Torrance Police Department in 2010, after his doctor filed a restraining order against him.

The court order was the result of a dispute Roberts had with a member of the doctors staff and, after Roberts pleaded no contest, the matter was resolved. Yet, even though he filed the proper Law Enforcement Gun Release paperwork on four separate occasions, obtained clearance from the California Department of Justice and had two court orders commanding the return of his guns, police refused to hand them over.

With the backing of the National Rifle Association and California Rifle and Pistol Association, Roberts filed a federal lawsuit in May 2014, over the $15,500 worth of firearms. In the end he got the money, but not the guns. The police had had them destroyed.

Second Amendment lawyers say his case is not rare.

NRA and CRPA constantly get calls from law abiding people having problems getting their guns back, said Chuck Michel of Long Beach based Michel & Associates, who represented Roberts in the case. The state Department of Justice wrongly tells police not to give guns back unless the person can document ownership of the gun and it is registered in the state DOJs database. But the law doesnt require this.

Gun owners cant comply anyway, Michel said, because police themselves routinely fail to enter the firearms into the DOJs database, and most people dont have receipts for the guns they own.

While Americans have the constitutional rights to keep and bear arms and protect their property from governments unlawful seizure it is not just in California where guns are seized and destroyed illegally, attorneys charge.

“This kind of below-the-radar bureaucratic gun confiscation is a growing Second Amendment and property rights violation problem, particularly in strict gun control states like California, New Jersey and Massachusetts, said Alan Gottlieb, founder of the Second Amendment Foundation. People can’t afford to spend tens of thousands of dollars on legal fees to get back a $500 firearm.”

The Second Amendment Foundations most recent case involves Rick Bailey, a 56-year-old Navy veteran from Glendale, Ariz., whose entire collection of 28 firearms valued at $25,000 was seized by authorities because of an ongoing dispute with a neighbor.

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GUN RIGHTS UNDER FIRE Illegal police grabs of legal firearms rising nationwide

Colt 1911 Gold Cup Pistol for Sale – Video

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Apr 112015
 



Colt 1911 Gold Cup Pistol for Sale
Second Amendment Auction A brief film showcasing one of our latest and greatest firearms up for auction. She's a Colt 1911 Mark IV Gold Cup “National Match” pistol in a .45 caliber combination….

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VIDEO – Second Amendment Victory – Car Hijacking Stopped by Armed Bystander in Georgia – Video

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Apr 112015
 



VIDEO – Second Amendment Victory – Car Hijacking Stopped by Armed Bystander in Georgia
It seemed like something out of an action movie: a brazen crime, quickly thwarted by an armed city employee who just happened to be on the scene. Oh my god, I've never seen nothing like…

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VIDEO – Second Amendment Victory – Car Hijacking Stopped by Armed Bystander in Georgia – Video

Some Conservative Lawmakers Working To Roll Back Gun Restrictions – Second Amendment – Video

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Apr 112015
 



Some Conservative Lawmakers Working To Roll Back Gun Restrictions – Second Amendment
Some Conservative Lawmakers Working To Roll Back Gun Restrictions – Second Amendment – America's newsroom =========================================== **Please Click Below to …

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