Tag Archives: #2A

US appeals court upholds Maryland assault weapons ban

debbie ar15

Me shooting a “weapon of war.” Molṑn Labé.

Next stop: SCOTUS.

From Fox News: Maryland’s ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.

In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Va., said the guns banned under Maryland’s law aren’t protected by the Second Amendment.

“Put simply, we have no power to extend Second Amendment protections to weapons of war,” Judge Robert King wrote for the court, adding that the Supreme Court’s decision in District of Columbia v. Heller explicitly excluded such coverage.

Maryland Attorney General Brian Frosh, who led the push for the law in 2013 as a state senator, said it’s “unthinkable that these weapons of war, weapons that caused the carnage in Newtown and in other communities across the country, would be protected by the Second Amendment.”

“It’s a very strong opinion, and it has national significance, both because it’s en-banc and for the strength of its decision,” Frosh said, noting that all of the court’s judges participated.

Judge William Traxler issued a dissent. By concluding the Second Amendment doesn’t even apply, Traxler wrote, the majority “has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.” He also wrote that the court did not apply a strict enough review on the constitutionality of the law.

“For a law-abiding citizen who, for whatever reason, chooses to protect his home with a semi-automatic rifle instead of a semi-automatic handgun, Maryland’s law clearly imposes a significant burden on the exercise of the right to arm oneself at home, and it should at least be subject to strict scrutiny review before it is allowed to stand,” Traxler wrote.

National Rifle Association spokeswoman Jennifer Baker said, “It is absurd to hold that the most popular rifle in America is not a protected arm' under the Second Amendment."</strong> She added that the majority opinion "clearly ignores the Supreme Court's guidance from District of Columbia v. Heller that the Second Amendment protects arms that arein common use at the time for lawful purposes like self-defense.”‘

The NRA estimates there are 5 million to 10 million AR-15s — one of the weapons banned under Maryland’s law — in circulation in the United States for lawful purposes. Asked about an appeal, Baker said the NRA is exploring all options.

But Elizabeth Banach, executive director of Marylanders to Prevent Gun Violence, said the decision is “overwhelming proof that reasonable measures to prevent gun violence are constitutional.”

“Maryland’s law needs to become a national model of evidence-based policies that will reduce gun violence,” Banach wrote in a statement.

U.S. District Judge Catherine Blake upheld the ban in 2015, but a divided three-judge panel of the 4th U.S. Circuit Court of Appeals ruled last year that she didn’t apply the proper legal standard. The panel sent the case back to Blake and ordered her to apply “strict scrutiny,” a more rigorous test of a law’s constitutionality. The state appealed to the full appeals court.

Maryland passed the sweeping gun-control measure after the 2012 Sandy Hook Elementary School massacre that killed 20 children and six educators in Connecticut. King mentioned the massacre at the start of the ruling.

“Both before and after Newtown, similar military-style rifles and detachable magazines have been used to perpetrate mass shootings in places whose names have become synonymous with the slaughters that occurred there,” King wrote. He listed the 2012 shootings at a movie theater in Aurora, Colorado; the December 2015 shootings in San Bernardino, California; and the shootings last year at an Orlando, Florida, nightclub, where 49 people were killed and 53 injured.

King also noted that enacting the law is “precisely the type of judgment that legislatures are allowed to make without second-guessing by a court.”

“Simply put, the State has shown all that is required: a reasonable, if not perfect, fit between the (Firearms Safety Act) and Maryland’s interest in protecting public safety,” King wrote.

DCG

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Washington senator insists insurance bill is not about gun control

maralyn-chase

Maralyn Chase: Fully believes in your Second Amendment rights, HOWEVER…

Attention Ms. Chase:

  1. You have a Constitutional right to own a firearm. A home or car is not a Constitutional right.
  2. You do NOT have to purchase insurance (unless you are financing in which case it is usually required). Sure, you take on higher risks and even fines yet there are plenty of people who opt out of purchasing insurance.

From MyNorthwest.com: The Washington State Legislature is considering a series of gun control measures that includes Attorney General Bob Ferguson’s assault weapon ban and a gun lock safety bill.

One senator has introduced a measure that takes on the issue a different way, requiring liability insurance before someone can buy a gun.

Sen. Maralyn Chase (D-Edmonds) says people have to buy insurance for their homes, their cars, and other items, so having it for guns makes sense to her (of course it does – she’s a democrat).

Chase insists her bill is not about gun control, but rather public and private protections.

“I fully believe in Second Amendment rights, however, with those rights come great responsibilities,” Chase said. “We see the destructive power of guns almost nightly on the news and yet we do not require gun owners to have any type of liability insurance. Requiring liability insurance may cause an irresponsible gun owner to exercise extra care in preventing firearm-related accidents, especially in tragic accidents involving children.”

Dave Workman, senior editor of thegunmag.com, doesn’t believe gun liability insurance will do anything to cut down on crime or gun related accidents. “This is one more hoop that somebody is trying to throw out there to require people to jump through before they can exercise a civil right,” he said. “If they did this, or tried to do this, the howling would be heard all the way from our Washington to Washington D.C.”

Workman says politicians can only go so far with something like this before getting a negative reaction from the public. He doesn’t believe the bill will get much traction in Olympia.

Senator Chase agrees. She admits it will be difficult to get it out of the Senate given the current political makeup. But, she says, it’s important to get the discussion started. For now, her bill sits in the Senate’s Law and Justice Committee, with no hearing scheduled.

There is one group that’s in favor of gun liability insurance — insurance companies. Insurance companies sell policies for self-defense use of guns and concealed carry. It’s even NRA-endorsed. As described in a video promoting “Second Call Defense,” the “legal aftermath of a self-defense shooting can sometimes seem worse than what causes you to use lethal force in the first place.” (See the video at the MyNorthwest.com article.)

DCG

This is Chiraq: Two girls, ages 11 and 12, shot in the south side over the weekend of violence

blacks protesting black-on-black crimes

Paging the good mayor, those who voted for him and #BLM. “Crickets.”

From MyFoxChicago: An 11-year-old girl was shot in the head Saturday night in the Parkway Gardens neighborhood on the South Side.

The girl was sitting in the rear seat of a vehicle about 7:40 p.m. in the 6500 block of South King Drive when gunfire was heard and she was discovered with a gunshot wound to her head, Chicago Police said. She was taken to Comer Children’s Hospital in critical condition, police said. No one was in custody as Area Central detectives investigate.

Also Saturday night, a 12-year-old girl was shot and critically wounded in West Englewood. She was playing with friends about 7:15 p.m. outside in the 1900 block of West 57th Street when gunfire erupted and she was shot in the head, according to Chicago Police.

The girl, who was not thought to be the intended target of the shooting, was taken in critical condition to Stroger Hospital. Police initially said the victim was a woman, between 35 and 40 years old. No one was in custody as Area South detectives investigate.

The girls were among 18 shot in Chicago over the weekend, including three fatally. During the second weekend of February 2016, which was Presidents Day weekend, six people were killed and 19 wounded in shootings.

So far in 2017, 313 people have been shot in Chicago, according to Sun-Times records. At least ten of the victims have been children under the age of 14.

DCG

Unsecured firearm law in Washington state would hold gun owners accountable

guy-palumbo

Author of this bill, democrat senator Guy Palumbo

From MyNorthwest.com: The deadly shooting at Marysville-Pilchuck High School. The mass shooting at the Cascade Mall. The accidental shooting of an 8-year-old Bremerton girl at the hands of her 9-year-old classmate. All of these tragedies were the result of people getting their hands on an unsecured firearm. (One could argue that many shooting tragedies were the result of criminals pulling the trigger.)

But Washington state doesn’t have a law to punish gun owners whose weapons get in the hands of the wrong people.

Democratic state Senator Guy Palumbo is trying to change that. Palumbo introduced a bill that would make unsafe storage of a gun a crime. “It’s basically to keep the guns we do have out of the hands of dangerous people,” he said.

As the bill is currently written, a gun owner would either get a misdemeanor or felony — depending on how the gun was used — if their unsecured firearm was used illegally by someone.

You can never guarantee those wouldn’t happen — those tragedies — but certainly in those cases, this all would have had ramifications for the people’s whose guns were used in those tragedies.”

Palumbo, a gun owner himself, says it is just “common sense” to lock up firearms. “I’m a gun owner, but it’s unfair to keep them unlocked,” he said.

He admits he is not sure how well the bill will do. “It will be interesting to see if we get a hearing on it or if it passes or gets to the floor, but we’re going to keep fighting for things like this…”

A companion bill is being introduced in the House. The measures were inspired by successful policies in more than two dozen other states. The legislation would also require firearms dealers to offer gun buyers a lock box or gun lock at the time of sale, as well as post signs about the new law.

“This bill is about accountability,” Palumbo said. “So many of the tragic shootings we have seen lately could have been prevented if the gun owner had simply taken the time to store the weapon properly. As a result of this legislation, I hope we’ll start seeing more news reports about people fulfilling their potential and less about lives being cut short.”

DCG

Like, actress Kristen Stewart, like, will direct, like, a gun control film

This is painful. And I’m sure the short film will be just as excruciating as listening to this genious.

h/t Twitchy

DCG

This is Chiraq: 9 killed, 27 wounded in MLK Day weekend shootings

blacks protesting black-on-black crimes

Life’s most persistent and urgent question is, what are you doing for others? – MLK Jr.

From MyFoxChicago: At least 36 people have been shot across the city over the Martin Luther King Jr. Day holiday weekend, leaving nine dead, according to Chicago Police.

The latest killing happened at 11:36 a.m. Monday in the West Side Austin neighborhood, where a vehicle pulled up to a 24-year-old man who was on a porch in the 4800 block of West Hubbard and shot him repeatedly. He was taken to Stroger Hospital, where he died, police said.  The Cook County medical examiner’s office has not released his name.

About 1:10 a.m., a 36-year-old man was standing outside in the 2200 block of West Chicago in the Ukrainian Village neighborhood when someone in a black SUV opened fire, striking him in the abdomen, face and left leg. He died at Stroger Hospital, police said. His name has not been released.

Early Sunday on the Near West Side, officers responded to a call of a person down about 5:30 a.m. in the 2600 block of West Van Buren and found a man in his 30s or 40s dead at the scene with a gunshot wound to the head, according to authorities, who were still working to identify him.

About 1:15 a.m., a 34-year-old man was gunned down in the Lawndale neighborhood on the West Side.He got into an argument with someone who shot him in the chest in the 4700 block of West Polk, police said. He died at Mount Sinai Hospital, authorities said. His name has not been released.

Saturday night, a 26-year-old man was killed in an Austin drive-by shooting. He was outside in the 5500 block of West Rice about 7 p.m. when a vehicle drove by and someone shot him multiple times. The man, who has not been identified, was taken to Mount Sinai, where he was pronounced dead, authorities said.

Two men, ages 27 and 39, were standing in the street at 8:05 a.m. Saturday in the 1100 block of South Francisco in Lawndale when someone got out of a black car and fired multiple shots, police said. They were taken to Mount Sinai, where the younger man died of wounds to the head and chest, authorities said. His name has not been released. The older man was in good condition with a back wound.

Another man was killed and a woman was wounded about 3:30 a.m. Saturday in the South Side Englewood neighborhood, where at least five people went into a house in the 6000 block of South Carpenter and shot two people repeatedly. Tyrone Blake, 25, of the 6100 block of South Indiana, was pronounced dead at the scene at 3:48 a.m., authorities said. The 26-year-old woman was taken in critical condition to Stroger Hospital.

Read about all the shootings here.

At least 22 more people were wounded in nonfatal shootings across Chicago between 4 p.m. Friday and 3 p.m. Monday. Last year, 32 people were shot over the Martin Luther King Jr. Day holiday weekend, five fatally.

DCG

Mukilteo shooter: ‘I wish they never sold me a firearm’

evil

What a coincidence the timing of the criminal’s statement: This will give ammunition to the Washington state attorney general, Bob Ferguson, who is trying to push an “assault” weapons ban through legislation. How convenient to have this talking point for an anti-gun agenda.

From MyNorthwest.com: The convicted murderer in a tragic Mukilteo (Washington) shooting last year was granted his right to make a statement before his sentencing Thursday. He used the time to say that the access to a gun was a factor in his crime.

“I will never speak to the public again, I forfeited that right,” Allen Ivanov told the courtroom Thursday. “But I would like everyone to hear loud and clear that it was the ease of acquiring a gun that enabled me to act on my emotion. I don’t mean to absolve myself of guilt or dodge responsibility, but I know for a fact that given the feverish state I was in, I never could have done this with my hands. I wish they never sold me a firearm. And I wish I was never legally allowed to buy one.”

Ivanov, 20, shot and killed three people, and wounded a fourth on July 30, 2016 — shortly after purchasing an AR-15 rifle. He was angry over his ex-girlfriend Anna Bui, and how she had moved on with her life after their breakup. Ivanov shot and killed Bui, Jake Long, Jordan Ebner — all 19 years old — at a small party at a Mukilteo home. Will Kramer was shot and wounded during the incident.

Saying that “life is precious” and that he was “hopeless, suicidal and outraged” on the day of the Mukilteo shooting, Ivanov provided additional details about what happened on the tragic day. He reportedly read the user’s manual for the AR-15 in the car before he used it to take the three teenagers’ lives. In court, he said he waited for hours outside the home before the shooting.

Ivanov said he pulled the trigger in a moment of shock and that “Satan was in control.” Since the murders, he said he has cried his eyes out every day and that his ex-girlfriend, Bui, visits him and talks to him in his dreams.

“I have ruined my life,” Ivanov said in court. “I have caused my family a lifetime of sadness and loss. I have ended all my friendships.”

“Even though I can’t put myself in any of your places, I do have an idea of how awful my actions were and the damage I have caused,” he said to the victims’ families. “A damage which cannot be undone. I want to apologize wholeheartedly for all those whose lives I have taken — Hannah, Jordan and Jake — and all of you whose lives have been so darkened by my actions, parents, relatives, friends as well as Will and his loved ones. I understand this has been a nightmare for all of you. It certainly has been for me.

DCG