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February 2nd, 2015

Illustrated History of the Second Amendment (Part One)

History Second Amendment Arizona McWhiter LawA 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.

If you’re reading this, you’re probably a firearm owner (most of our Daily Bulletin readers are). But how much do you really know about the history of the Second Amendment to the U.S. Constitution? The Second Amendment itself contains only 27 words (printed above), but those words have a rich history behind them.

To illuminate the origins of the Second Amendment, and to explain how its interpretations have evolved over the years, Arizona Attorney, the journal for the State Bar of Arizona, has published a detailed two-part “Illustrated History” of the Second Amendment by attorney Robert J. McWhirter, an expert on the Bill of Rights.* Part One was just released, and Part Two will be published next month.

CLICK HERE to launch eZine with Second Amendment Story.

History Second Amendment Arizona McWhiter Law

We think all gun owners should read McWhirter’s article, which is both entertaining and insightful. Don’t worry — this is not a dull “law school” treatise. McWhirter’s article features dozens of illustrated footnotes (some fascinating, some merely amusing). Here are some sample footnotes — you can see this is a treasure trove of Second Amendment trivia.

History Second Amendment Arizona McWhiter Law

History Second Amendment Arizona McWhiter Law

*The American Bar Association has just published Mr. McWhirter’s book Bills, Quills, and Stills: An Annotated, Illustrated and Illuminated History of the Bill of Rights.

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August 26th, 2014

California Gun Waiting Period Laws Ruled Unconstitutional

second amendmentBig Victory for California Gun Owners!
California’s 10-day waiting period for gun purchases was ruled unconstitutional by a Federal judge on August 25, 2014 in a significant victory for Second Amendment civil rights. The laws were challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation, and Second Amendment Foundation. The decision was issued in the case of Silvester v. Harris.

Ruling is Limited in Scope
The Court’s decision does not toss out California’s 10-day waiting period completely. However, the Court did rule that the 10-day rule is invalid for those who already lawfully possess firearms and have satisfied background checks. The full decision can be read at http://bit.ly/silvester-v-harris-decision

Federal Court Decides 10-day Waiting Period Laws Violate 2nd Amendment Rights
The ruling was made by the Federal District Court for the Eastern District of California. In his decision, Federal District Judge Anthony W. Ishii, a Clinton appointee, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as to certain classes of citizens, and “burdens the Second Amendment rights of the Plaintiffs.”

Specifically the Court held that the 10-day waiting period was invalid for citizens who already held a CCW license and had passed background checks. The Court did NOT hold the the 10-day period was invalid for new purchasers who had not already been vetted. Specifically, Judge Ishii held that: “Penal Code §26815(a) and § 27540(a)’s 10-day waiting periods impermissibly violate the Second Amendment as applied to those persons who already lawfully possess a firearm as confirmed by the AFS, to those who possess a valid CCW license, and to those who possess both a valid COE and a firearm as confirmed by the AFS system, if the background check on these individuals is completed and approved prior to the expiration of 10 days.”

“This is a great win for Second Amendment civil rights and common sense,” said Jeff Silvester, the named individual plaintiff. “I couldn’t be happier with how this case turned out.”

Under the court order, the California Department of Justice (DOJ) must change its systems to accommodate the unobstructed release of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a “Certificate of Eligibility” issued by the DOJ and already possess at least one firearm known to the state.

“California gun owners are not second-class citizens and the Second Amendment doesn’t protect second class rights,” noted plaintiff Brandon Combs, also CGF’s executive director. “This decision is an important step towards restoring fundamental individual liberties in the Golden State.”

“This ruling clearly addressed the issue we put before the court,” said SAF founder and Executive Vice President Alan Gottlieb. “We are naturally delighted with the outcome.”

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June 17th, 2013

T-Shirts Carry Gun Rights Messages

ThoseShirts.com offers a selection of T-shirts with pro-gun rights messages. Priced from $12.95 to $19.95, these shirts allow you to show your support for the Second Amendment. The shirts’ themes range from serious (“The Bill of Rights is not negotiable”), to sarcastic (“Less Flower Power… More Firepower”). Below are some of the more popular designs printed on the back of the 100% preshrunk heavyweight cotton shirts (some designs are front + back).

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September 15th, 2009

California Legislature Approves Restriction on Ammo Sales — Bill Goes to Governor

California Ammo BanAB 962, a new law restricting ammo sales, was passed by the California Legislature last Friday and sent to Governor Schwarzenegger’s desk. If not vetoed by the Governor, this bill could have a major negative effect on the shooting sports in the Golden State. AB 962, authored by Assemblyman De León (Dem. Los Angeles) was narrowly passed on a strict party line vote, on the last day of the Legislative session.

CLICK HERE for Final, Amended Text of AB 962

New Law Targets Pistol Ammo But Would Also Embrace Rifle Ammunition
AB 962 will restrict the sales of pistol ammunition. Unfortunately, the restriction will include common rifle ammo such as .22LR, .22 Magnum, and .223 Rem, because these cartridges are also used in pistols. If codified into law, commencing February 1, 2011, AB 962 would require handgun ammunition vendors to obtain a complete profile on ammo-purchasers including: residential address, phone number, Driver’s License number, birth date, and signature. In addition, ammo buyers must provide a thumbprint when purchasing pistol ammunition. A violation of these provisions would be a misdemeanor.

AB 962 California Ammo banIn addition, AB 962 could effectively prohibit online or mail-order sales of pistol ammunition to California residents. This is because, according to the Leg. Counsel’s Digest, “delivery or transfer of ownership of handgun ammunition may only occur in a face-to-face transaction, with the deliverer or transferor being provided bona fide evidence of identity of the purchaser or other transferee. A violation of these provisions would be a misdemeanor.”

The good news is that AB 962 was amended to eliminate the provision that would criminalize the “sale or transfer” or more than 50 rounds of pistol ammunition per month. Had that clause survived, it would have a chilling effect on all youth training programs because rangemasters, scout leaders, or shooting coaches could be jailed for handing out more than one box of rimfire ammo.

Nonetheless, AB 962 is a terrible piece of legislation. Unless Gov. Schwarzenegger vetoes AB 962, Californians will no longer be able to mail-order most rimfire ammo, all centerfire pistol ammo, and a potentially large selection of rifle ammunition. We can’t tell you exactly what kinds of rifle ammo would be embraced by AB 962, because the bill relies on the vague definitions of CA Penal Code Section 12323(a): “‘Handgun ammunition’ means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person… notwithstanding that the ammunition may also be used in some rifles.”

The California Rifle and Pistol Assn. (CRPA) is asking ALL California gun owners to contact Gov. Schwarzenegger immediately and urge him to VETO AB 962. You can send an email via the Governor’s home page at www.gov.ca.gov/interact. (Type your name and email address, select Gun Control under the “Choose Your Subject” menu, hit “Submit” — then write your message.) You can also call or send a fax to the Governor’s office (Phone (916) 445-2841; Fax (916) 558-3160). Gov. Schwarzenegger has until October 11, 2009 to sign, approve without signing, or veto bills passed by the Legislature.

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September 15th, 2009

Gun Rights Policy Conference Next Week

The 24th annual Gun Rights Policy Conference (GRPC) will be held Sept. 25-27 in St. Louis, Missouri. More than 50 speakers, including such notables as Rep. Ron Paul, John Lott, Wayne LaPierre, Alan Gura, and Michael Reagan, will address those in attendance.

Hot topics this year will include: city gun bans, youth violence, “smart” guns, concealed carry, federal legislation, legal actions, gun show regulation, state and local activity. Conference organizers will also preview important upcoming court cases and revisit the landmark U.S. Supreme Court decision in DC v. Heller.

Gun Rights Policy Conference

To learn more about the event or to register online, CLICK THIS LINK and scroll down to mid-page. You can also return a registration form by mail (form below).

CLICK HERE for 2009 GRPC Conference Flyer and Registration Form (.pdf file).

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