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A Manhattan federal court judge ruled on Monday that the city’s $340 fee for a handgun gun permit is constitutional. The Second Amendment Foundation commenced a lawsuit against Mayor Michael Bloomberg last April, alleging that the fee (requiring renewal every three years, plus a $94.25 charge for a fingerprint check) amounted to an exorbitant sum, and in effect, a violation of the Second Amendment. But Judge John Koeltl disagreed. There is no evidence that the fee has deterred or is likely to deter any individual from exercising his or her Second Amendment right,” he said, adding that courts have approved significantly higher fees.

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City's $340 Gun Permit Fee Passes Constitutional Muster

Marc A. Hermann for the New York Daily News

New York City Corporation Counsel Michael Cardozo said the court’s decision “upholds our ability to conduct meaningful checks” on gun permit applicants.

THE CITYS HEFTY $340 fee for a gun permit is constitutional, a judge declared Monday.

Gun advocates claimed the fee to keep a legal gun in the home $340 initially and for a renewal every three years violated the Second Amendment right to bear arms because it was exorbitant.

But Manhattan Federal Court Judge John Koeltl said, There is no evidence that the fee has deterred or is likely to deter any individual from exercising his or her Second Amendment right.

He said courts have approved significantly higher fees, citing a ruling that permitted a $3,000 adult business license fee.

Tom King, president of the New York State Rifle & Pistol Association, said he wanted to read the decision before commenting.

Corporation Counsel Michael Cardozo said the decision upholds our ability to conduct meaningful checks into applicants qualifications.

rgearty@nydailynews.com

The rest is here:
$340 gun permit fee OKd by court 

Story Created: Mar 24, 2012 at 10:45 PM MDT

Story Updated: Mar 25, 2012 at 12:13 AM MDT

The committee handed out prizes for their elementary, middle school and high school essay winners. The question they had to answer in their essay was, “Do you believe guns make our community safer, why or why not?”

The club also prepares for the 4th of July parade and holds informative conferences for gun owners.

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Pro Second Amendment Committee Holds Annual Banquet

Bagley cartoon: Second Amendment Interpretation

The Salt Lake Tribune

This Pat Bagley editorial cartoon appears in The Salt Lake Tribune on Sunday, March 25, 2012.

Want more? Become a fan of Bagley on Facebook at www.facebook.com/notrobertkirby

Photos

Copyright 2012 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Bagley cartoon: Second Amendment Interpretation

Editor’s note: On March 13, we ran John Krull’s column on the National Rifle Association’s endorsement of Richard Mourdock for U.S. senator. That inspired the following response from the NRA and rebuttal by Krull:

The NRA on endorsing Mourdock

By Chris W. Cox National Rifle Association

The First Amendment guarantees the right to free speech. Your columnist, John Krull, appears to have exercised his constitutional right with little, if any, common sense.

The foundation of democracy is that every vote counts. And people band together to amplify their voice. That’s basic civics.

Indiana has tens of thousands of National Rifle Association dues-paying members. Sen. Richard Lugar has not represented their interests or the interests of other gun owners and hunters for decades.

In past Senate races, these voters have not had a viable choice. They do now.

Richard Mourdock has stated his strong support for our hunting heritage, self-defense rights and the Second Amendment.

In stark contrast, Sen. Lugar has demonstrated disdain for gun owners. He has aligned himself out of the bipartisan majority of U.S. senators who signed amicus briefs in the historic Heller and McDonald cases, and in opposition of the United Nations Arms Trade Treaty that could severely restrict civilian ownership of firearms in our country.

Mr. Krull’s derision of the NRA is an extension of his disgust for the Second Amendment. His prejudice reveals his patent contempt for our Founding Fathers, our Constitution and the democratic process.

Link:
NRA responds; Krull reloads


22-03-2012 16:53 Virginia is for lovers — of guns. Last month the state overturned a 20-year-old law that barred residents from buying more than one handgun a month. In Virginia, firearms are like potato chips — you can’t stop at just one. Governor Bob McDonnell in February repealed Virginia’s prohibition of purchasing more than one handgun per month. Virginians are now free to buy as many guns as they want. The law was intended to curb gun trafficking, but many Virginians felt it curbed freedom instead. Thirty years after a powerful gun control movement swept the country Americans are embracing guns with a zeal unseen since the days of muskets and militias. For many in the United States, freedom is symbolized by the barrel of a gun. It’s Democracy, locked and loaded. Like us and/or follow us: twitter.com www.facebook.com

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In Virginia, the Second Amendment means freedom to buy unlimited number of guns – Video

March 22, 2012

Actually, thats just the tip of the iceberg. They want pretty much all of your freedoms. If, however, we let them take away our Second Amendment rights, we will have no means with which to keep them from taking away everything else from us. There is a famous quote attributed to Isoroku Yamamoto about Japan not attacking the United States mainland because there would be a rifle behind every blade of grass. Though the quote has had some doubt cast on its substantiation, think about it what it says. Who knows how many times our nation has been saved from invasion because our citizenry is so well armed? Now, take that a step further. If the current administrations rocket ride toward tyranny were to ever reach the point that either the United Nations or (May God help us!) our own government were to take up arms against the citizens of this great nation, the only weapons we would have with which to defend our families and our homes would be the arms that we had managed to keep from being confiscated. Now, lets see; Which of our fine, upstanding elected officials would want to disarm us? Hillary Clinton has been on board for years with the United Nations plans to implement a global ban on small arms. This means a system of registering, banning, and confiscating firearms owned by private citizens. Former U.N. Ambassador John Bolton has warned gun owners about the Arms Trade Treaty and the fact that the U.N. is not being honest about its true goals, which are not just to control international arms trade between nations, but to actually control domestic firearms. Barack Obama, of course, is all about big government and limited freedom for the common citizenry who arent part of the ruling elite. His affinity for George Soros, the Open Society pusher, is just one symptom of his longing for the government to get its tentacles into every aspect of our lives. He loves gun control. He would prefer a world where only the government had guns. Guess what would be next if we lost our Second Amendment protection? With a czar around every corner, thanks to Barack Obama, and executive orders flowing from the White House like a swift-running river, it wouldnt take anytime at all to see the United States of America cease to exist as we know it. I believe the current administration would just as soon sell us out to the United Nations, or simply nullify any semblance of our Constitution and Bill of Rights as they would do any of the treacherous things they are doing to us right now. Have you studied Agenda 21? You really must be aware of this gigantic threat. Please go to www.freedomadvocates.org or www.thenewamerican.com and read about the horrors planned for us. Taking away our guns is just tiny facet of the plans already in the works if we dont stop them. Look at www.canadafreepress.com and ready about Agenda 21 and Obamas Rural Council. Start watching out for terms in news coverage such as smart growth and social equity. Read about ICLEI and the plans for for ideal-seeking behavior and sustainable de-growth. ICLEI is the International Council for Local Environmental Initiatives, a conglomerate of 600 national, regional, and local government associations who have already bought into the scam of man-made global warming or climate change and are ready to sell you out for it. Along with your guns, they can take your land and everything you think you own, if they continue to get their agenda pushed through. A look at their members list shows North Little Rock has been in their clutches for a good while now. Fayetteville is also a proud member. Rumblings of ICLEI were heard surrounding the recent Maumelle Watershed Project. Folks, ICLEI and U.N. Agenda 21 are all over our country like a big, ugly duck on a helpless little junebug. They want your land. They want your freedom. They want social equity. They want your guns. Please get informed. Get involved. Stand up for your unalienable rights.

Nancy Carlton is a resident of Saline County. Her column appears each Wednesday in The Saline Courier.

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CARLTON: Barack, Hillary and the U.N.: United to take away your guns

National Rifle Association Executive VP Wayne LaPierre, at podium, addresses more than 1,000 gunowners attending the third annual Sportsmen and Outdoor Recreation Legislative Awareness Day Tuesday, as Assembly Minority Leader Brian Kolb, right and other pro-gun legislators look on. Held in the “Well” of the Legislative Office Building in Albany, an energetic LaPierre brought the already spirited …

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Fighting for Second Amendment rights

NASHVILLE, TN (WSMV) –

A bill to allow guns in parking lots is pretty much dead for the year. The legislation, which caused quite a controversy, pits Second Amendment rights against privacy rights.

Tennessee Democrats say they stopped what would have been a big deterrent for new business in the state.

They helped send the so-called “Guns in Parking Lots” bill into a summer study. That means the bill will not advance any further this legislative session.

Thursday, House Republican and Democratic leaders spoke about the bill. State Rep. Mike Turner, D-Old Hickory, chair of the Democratic Caucus, says they dodged a bullet.

He says he supports the Second Amendment, but this measure went too far.

“I believe in the Second Amendment, but it’s been broadly interpreted what that means here lately,” he said. “I think the next thing you know we’ll be carrying guns in the factory cafeteria, so I think they keep reaching on the issue.”

Republican leaders say the legislation is not gone forever – it just needs more study before they make a final determination.

“This caucus is dedicated to gun rights, the Second Amendment,” said House Speaker Beth Harwell, R-Nashville. “We are also dedicated to property rights, and right now we’re trying to merge those to where we get to a point where we are satisfied.”

One issue still up for debate is whether to allow any employee to keep a gun in their car or only allow it for gun permit holders.

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Guns in parking lots bill appears dead for now


20-03-2012 09:17 While in Nuremberg, Germany, Ginny Simone talked to George Mason University Law Professor Joyce Lee Malcolm – NRA News – March 19, 2012 – www.NRANews.com

The rest is here:
Joyce Lee Malcolm on Threats to Our Second Amendment Rights – Video

Assemblyman Will Barclay (R,C,IPulaski) said Tuesday he was pleased to meet with sportsmen in Albany as part of the annual Sportsmen and Outdoor Recreation Legislative Awareness Day.

Assemblyman Will Barclay, second from left, attended the Sportsmen and Outdoor Recreation Legislative Awareness Day. He is among several who attended the event today to listen to speakers discuss the importance of the Second Amendment, our right to bear arms. Pictured at the podium is Tom King, president of the New York State Rifle and Pistol Association.

The event featured a keynote speech from Wayne LaPierre, Executive Vice President & CEO of the National Rifle Association (NRA), on the importance of ensuring the Second Amendment Constitutional Freedoms of all law-abiding New Yorkers. Tom King, President of the New York State Rifle and Pistol Association (NYSRPA), industry leaders and thousands of outdoor enthusiasts from across the state attended this free event.

Hunting, fishing and trapping activities contribute more than $1.8 billion to our economy annually. Snowmobiling is a $476 million-dollar industry for the state, with over 130,000 registered snowmobiles on trails each year. There are also roughly 1.9 million New Yorkers who participate in ATV recreation.

It was great to see so many sportsmen and outdoor enthusiasts rallying for Second Amendment Rights and legislation that helps promote the sporting industry today. We need to continue to rally to raise awareness and protect our right to bear arms. Downstate interests in the Assembly would like to make owning a gun more expensive by placing microstamping mandates on gun manufacturers. This technology is unproven and would place more costs on New York gun manufacturers, said Barclay.

An Assembly budget bill proposes microstampinga unique alpha-numeric or geometric code on the firing pin, identifying the make, model, and serial number of the pistol. Manufacturers would bear the cost of implementing this new regulation. The success of this technology is unproven and gun manufacturers have yet to devise technology that can ensure the make, model, and serial number of the pistol is coded into an expended cartridge.

Our Second Amendment is the core principle that defines our nation. There is no greater freedom than to own a firearm to protect ourselves, our families, our communities and our nation, said LaPierre. Thus, Second Amendment freedom is, truly, the heart and soul of America. And, it is all at stake this year. This is a fight for our values and for the freedom we believe in. Its all or nothing and gun owners, everywhere, from Albany to Seattle, and from Anchorage to Miami are signing on. The fight is on and the NRA is ALL IN!

.

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Legislative Day Raises Awareness for Sportsmen and Second Amendment Rights

Sen. Ron Wyden (D-OR) is a long-time opponent of the secretly negotiated Anti-Counterfeiting Trade Agreement (ACTA). Today he introduced an amendment to a Senate “jobs bill” that would force ACTA to come before Congress for approval. A second amendment would make the US Trade Representative, which negotiates US trade deals, drop the veil of secrecy around its copyright and patent negotiations.

USTR currently insists the president can ratify ACTA without the usual Senate sign-off on treaties. The current legal thinking seems to be that Congress delegated this authority to the executive branch by passing 2008′s PRO-IP Act, which contained a general call to cut down on counterfeiting, etc.

That legal approach is contested; Wyden’s amendment simply overrules it. “Notwithstanding section 303 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (15 U.S.C. 8113) or any other provision of law,” it says, “the President may not accept, or provide for the entry into force with respect to the United States of, any legally binding trade agreement that imposes obligations on the United States with respect to the enforcement of intellectual property rights, including the Anti-Counterfeiting Trade Agreement, without the formal and express approval of Congress.”

His second amendment tries to force a change in how the whole process around such treaties is handled. Right now, the US attempts to keep its negotiating positions a secret. What vital national security interests could be at stake if the public knew USTR was promoting “graduated response” laws or proposing changes in ISP liability? Wyden doesn’t believe there are any.

Even with ACTA, where the text was officially kept secret until it was too late to make major changes, unofficial leaks stirred public debate and ultimately removed many of the most odious provisions from the final text. The “next ACTA” is the Trans Pacific Partnership (TPP), a regional trade deal involving countries from around the Pacific Rim. Wyden wants to ensure the public doesn’t have to rely on leaks to find out what’s being proposed in its name.

He proposes a rule that would force USTR to release any negotiating proposals already shared with other nations in the TPP talks if they apply to “intellectual property, the Internet, or entities that use the Internet, including electronic commerce.” In the future, USTR would have to post such documents from all trade negotiations within 24 hours of being shared with other countries.

Continued here:
Sen. Wyden demands vote on American copyright, patent treaties

Before the end of this year, Russell and Sallie Nordyke will set up shop for at least five gun shows at the Santa Clara County fairgrounds, providing a gathering spot for thousands of gun enthusiasts to buy and sell rifles, pistols and other weapons.

For the Glenn County couple, the South Bay is a small island amid a sea of hostility toward their TS Gun Shows. Bay Area counties from Alameda and Marin to San Mateo have enacted laws that forbid the sale or possession of guns on government property, effectively banning gun shows at some of the best spots to hold them.

The Nordykes believe those laws are unconstitutional — and on Monday, a federal appeals court will once again take up their 12-year quest to strike down the regulations.

The case offers another crucial test of Second Amendment rights that could have repercussions for California’s sweeping slate of state and local gun control laws.

Specifically, an 11-judge 9th U.S. Circuit Court of Appeals panel is to hear arguments in the Nordykes’ legal challenge to Alameda County’s ordinance, which has outlawed gun shows at the fairgrounds in Pleasanton since 1999.

“It has impacted our lives tremendously,” Sallie Nordyke said. “We used to be able to have gun shows in a lot of other places.”

With gun rights groups such as the National Rifle Association on one side and gun control advocates such as the Brady Center to Prevent Gun Violence on the other, the Nordyke case

The most recent of those rulings, in a Chicago case two years ago, established that the Second Amendment applies to state and local gun control regulations. But it left unresolved the legal survival threshold for laws such as Alameda County’s, and the 9th Circuit is expected to tackle that issue in the Nordyke case.

The outcome could determine the fate of gun show regulations in California and other states within the 9th Circuit and may also shape ongoing legal challenges to other gun controls. With the Nordyke case pending, the 9th Circuit has put on hold two cases challenging California’s strict limits on carrying concealed weapons and licenses for carrying loaded firearms in public.

“This could be the next big gun case to go to the Supreme Court,” said Adam Winkler, a UCLA law professor and author of “Gunfight: The Battle Over the Right to Bear Arms in America.” “It does pose a big question: whether the right to bear arms extends outside the home.”

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Gun shows caught in the crossfire

Before the end of this year, Russell and Sallie Nordyke will set up shop for at least five gun shows at the Santa Clara County fairgrounds, providing a gathering spot for thousands of gun enthusiasts to buy and sell rifles, pistols and other weapons.

For the Glenn County couple, the South Bay is a small island amid a sea of hostility toward their TS Gun Shows. Bay Area counties from Alameda and Marin to San Mateo have enacted laws that forbid the sale or possession of guns on government property, effectively banning gun shows at some of the best spots to hold them.

The Nordykes believe those laws are unconstitutional — and on Monday, a federal appeals court will once again take up their 12-year quest to strike down the regulations.

The case offers another crucial test of Second Amendment rights that could have repercussions for California’s sweeping slate of state and local gun control laws.

Specifically, an 11-judge 9th U.S. Circuit Court of Appeals panel is to hear arguments in the Nordykes’ legal challenge to Alameda County’s ordinance, which has outlawed gun shows at the fairgrounds in Pleasanton since 1999.

“It has impacted our lives tremendously,” Sallie Nordyke said. “We used to be able to have gun shows in a lot of other places.”

With gun rights groups such as the National Rifle Association on one side and gun control advocates such as the Brady Center to Prevent Gun Violence on the other, the Nordyke case

The most recent of those rulings, in a Chicago case two years ago, established that the Second Amendment applies to state and local gun control regulations. But it left unresolved the legal survival threshold for laws such as Alameda County’s, and the 9th Circuit is expected to tackle that issue in the Nordyke case.

The outcome could determine the fate of gun show regulations in California and other states within the 9th Circuit and may also shape ongoing legal challenges to other gun controls. With the Nordyke case pending, the 9th Circuit has put on hold two cases challenging California’s strict limits on carrying concealed weapons and licenses for carrying loaded firearms in public.

“This could be the next big gun case to go to the Supreme Court,” said Adam Winkler, a UCLA law professor and author of “Gunfight: The Battle Over the Right to Bear Arms in America.” “It does pose a big question: whether the right to bear arms extends outside the home.”

More here:
California gun shows caught in the crossfire

IF YOU GO

* What: Candidate Shootout Challenge fundraiser

* When: Noon-4 p.m. March 31.

* Where: Shooter’s Depot, 5958 Shallowford Road

* Cost: $25, plus $10 if the candidate outshoots you. A $200 store credit will be awarded to the best shooter.

Source: Bill Taylor

Some Democrats get a little gun-shy about the Second Amendment.

Not Bill Taylor, the 3rd Congressional District hopeful hosting his Candidate Shootout Challenge. The March 31 event at Shooter’s Depot fits Taylor’s centrist platform, turning the grip-and-grin act of fundraising into an ode to firearms.

“Taylor, who shoots regularly at the Shooter’s Depot, will challenge anyone to outshoot him for a $25 entry fee,” according to a campaign news release. “An additional $10 accrues if Taylor outshoots the challenger. Each will fire eight rounds at seven yards.”

Taylor said he uses a .45-caliber semiautomatic pistol. His news release touts a National Rifle Association membership and notes that he’s “starting to shoot sporting clays.”

Read this article:
Democrat Bill Taylor shooting for dollars

By Joe Palazzolo

Todays DWS comes to us from the U.S. Court of Appeals for the Fifth Circuit via How Appealing and the Associated Press.

Errol Houston Jr. sued the City of New Orleans after the districts attorneys office refused to return a registered gun that police had seized when he was arrested on drug and firearm charges in 2008. The charges were later dropped.

Houston sued the city in July 2009, seeking the return of his gun and accusing law enforcement authorities of violating his due process and Second Amendment rights. A federal district judge dismissed the lawsuit the following year.

A divided Fifth Circuit agreed with the lower court. In the majority opinion,JudgeRhesa Hawkins Barksdale wrote (citations omitted):

Just as some regulation of speeche.g., of obscenity and defamationis outside the reach of the First Amendment, so, too, is some regulation of firearms outside the reach of the Second. The right protectedby the Second Amendment is not a property-like right to a specific firearm, but rather a right to keep and bear arms for self-defense.

Houston has not alleged defendants prevented his retaining or acquiringother firearms.Therefore, he has not stated aviolation of his Second Amendment right to keep and bear arms.

Judge Jennifer Walker Elrod, in her dissent, said the majority opinion contravenes the Supreme Courts 2008 ruling in District of Columbia v. Heller, which recognized an individual right to keep and bear arms, and its 2010 ruling in McDonald v. City of Chicago, which held that the right applies to state and local restrictions on firearms.

According to Elrod,

In the context of other enumerated constitutional rights, an equivalent per se exception for particular exercises of the right at stake (so long as other exercises of that right are permitted) would be intolerable. Consider,for example, a court holding that the Free Speech Clause affords no protection against the government preventing the publication of a particular editorial in the New York Times because there are plenty of other newspapers that mightpublish the piece. Or consider a court holding that the Fourth Amendment is inapplicable to the unreasonable seizure of a specific automobile so long as the government does not prevent the owner from borrowing, renting, or purchasinga replacement vehicle. These examples should suffice to show the absurdity ofcourts recognizing categorical exceptions for each particular exercise of thoserights.In carving out such an exception from the Second Amendment, todays majority impermissibly treats the Amendment as a second-class right.

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Daily Writing Sample: Right to Keep and Bear Arms is Not ‘Property-Like’

JEFFERSON CITY Many Missouri lawmakers want to protect gun owners from any threat of workplace discrimination, just as state residents currently are protected for race, religion and gender.

Legislation that would make it illegal for employers to discriminate against people because they own or use guns overwhelmingly passed the Missouri House before lawmakers left for spring break.

For bill sponsor Wanda Brown, a Republican from Lincoln, the goal is simple: “We would never consider giving up our First Amendment (free speech) rights for a job. Why should we give up our Second Amendment rights?”

The National Rifle Association is pushing similar gun owner discrimination bills in other states, including Alabama and Tennessee, where the proposal has put lawmakers in a crossfire between gun activists and some of the state’s largest employers. Some of the state’s largest corporations, including FedEx, Bridgestone and Volkswagen, testified against the legislation and companion gun bills earlier this month.

They argued that it could make companies more vulnerable to discrimination lawsuits and could hurt the state’s job creation efforts.

In Missouri, some lawmakers have questioned whether the legislation is needed. No one has provided examples of an employee facing discrimination over gun ownership.

“Does a person carrying a gun really qualify as a class that needs to be protected against discrimination in housing or employment?” said Rep. Mary Nichols, D-Maryland Heights.

Missouri currently prohibits discrimination based on “race, color, religion, national origin, ancestry, sex, disability or age.”

Some lawmakers said it’s more important to add protections based on sexual orientation than gun ownership.

“The Missouri House thinks it’s more important to protect the right to own a gun than take on real discrimination,” said Rep. Mike Colona, a Democrat from St. Louis who is gay. “I could get fired tomorrow because of the person I’ve spent the past 18 years of my life with.”

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Bill to bar employer bias against gun owners gets OK

Assemblyman Will Barclay (R,C,I,-Pulaski) said including language that would govern gun manufacturers in a budget bill is ludicrous. This is a stand-alone issue, Barclay said. Barclay opposes microstamping because it would put unnecessary burdens on gun manufacturers and has not proven to be successful.

The Assembly budget bill A9055C is 73 pages long and includes topics ranging from disaster preparedness and state contracting, as well as microstamping.

Microstamping does not have a place in a budget bill. Last year, I voted against a similar measure in the Assembly when it was brought to the floor as a stand-alone bill. This is yet another attempt by New York City special interests to restrict our constitutional rights, said Barclay. Microstamping is nothing but a costly hindrance to Upstate manufacturers and has proven to be ineffective.

Microstamping has been a controversial issue in New York for many years. It would force manufacturers to produce a unique alpha-numeric or geometric code on the firing pin identifying the make, model, and serial number of the pistol. Manufacturers would bear the cost of implementing this new regulation. The success of this technology is unproven.

Gun manufacturers have yet to devise technology that can ensure the make, model, and serial number of the pistol is coded into an expended cartridge. Further, it could force firearms manufacturers out of New York, said Barclay.

Last year, the Assembly passed this measure but the Senate did not.

I have voted against this measure in the past. If there is going to be anti-gun legislation then it should crack down on possession of illegal firearms and crack down on the criminals who use them, not on the law-abiding citizens of New York and the gun manufacturers, said Barclay. Further, including this in a budget bill is politics at its best in the Assembly Democratic majority. These all-encompassing budget bills force lawmakers to vote yes or no on a whole slew of items that should be addressed individually.

There will be an annual sportsmen Day in Albany on March 20 from 9 a.m. to noon.

Barclay invites anyone interested in protecting Second Amendment Rights to join him in Albany that day.

For more information, call (315) 598-5185.

The rest is here:
Barclay Defends New Yorkers’ Second Amendment Rights

LANSING Bay County attorneys this morning appeared before a state Court of Appeals, debating whether a statewide ban on civilian use of Tasers and stun guns violates the U.S. Constitution.

The debate between Bay County Assistant Prosecutor Sylvia Linton and defense attorney Kenneth W. Malkin was triggered by Bay County Circuit Judge Joseph K. Sheerans decision in April 2011 to dismiss a four-year felony charge of possession of a stun gun against Dean S. Yanna. Sheeran ruled in favor of defense attorney Malkins position that the statewide ban on electrical weapons violates the Second Amendment right to keep and bear arms.

Addressing judges Michael J. Kelly, Douglas B. Shapiro and Kurtis T. Wilder, Linton said the right to bear arms is not a fundamental right, and even if it were, it would not be exempt from scrutiny. She said police who carry Tasers are trained in their use and that electrical weapons are typically used for criminal endeavors, such as in domestic violence situations where a man might torture his wife or girlfriend with a stun gun.

So he can own a gun and shoot her, but he cant own a stun gun and not shoot her? Kelly asked.

Correct, Linton replied. Just because something is non-lethal doesnt mean its non-dangerous. These weapons are tailor-made for rapists and kidnappers.

Linton also said stun guns have no purpose but to incapacitate, while firearms can be used for sport. Kelly asked her if the states ban on electrical weapons for civilian use should be lifted if a stun gun-centered sport were invented.

Linton said, No.

In making his argument, Malkin said the founding fathers intent with the Second Amendment was to ensure citizens have the right to use common weapons to defend themselves. Therefore, he continued, the courts must account for advancements in technology when determining what manner of weapons fall under the Second Amendment.

The stun gun was developed as an advancement of firearms, designed for self-defense on airplanes, Malkin said.

Malkin took issue with Lintons point that stun guns and Tasers are exceptionally prone for use in criminal hands.

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Sparks fly between Bay County attorneys in Court of Appeals stun gun case



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