The Second Amendment Foundation (SAF) has launched an improved, redesigned website at www.SAF.org. As before, this website provides comprehensive news on Second Amendment issues, including analysis of important Second Amendment cases with links to actual case filings.
The new, enhanced site is now LIVE. SAF invites you to check it out at www.SAF.org
The new SAF.org website is faster, more modern, and way easier to navigate, particularly for mobile users. The new site features a “responsive” web design that optimizes the display for the user’s platform. So, if you are viewing the site from an iPad or smartphone, you see an optimized layout for that particular device/platform. It’s pretty slick, and mobile users will immediately notice the easier-to-read displays.
The new site also features better search functionality and quick access to news about Second Amendment issues and the activities of SAF.
Enhancements to the site include:
All of the latest SAF news “front and center” on the homepage.
Advanced, mobile-friendly “responsive” site layout (platform optimized).
Up-to-date info on important Amendment Cases with links to case filings.
Over 175 legal and scholarly articles on Second Amendment issues.
If you have wondered why so many gun control laws are illogical, impractical, and misguided, here’s one simple answer. The politicians who draft these laws may be misinformed, misguided, and well, just plain ignorant. Here’s proof. In the video below, California State Senator Kevin de León (D-Los Angeles) advocates anti-gun legislation at a press conference. Sen. de León makes a series of blunders and mistakes. He confuses magazine capacity with the rifle’s bore size, referring to “.30 caliber” when in fact the gun is a .223/5.56mm. He then says it “has the ability with a 30-caliber clip [sic] to disperse with 30 bullets within half a second. Thirty magazine clip [sic] in half a second”. We think he means that the gun fires 30 rounds in 0.5 seconds, but even that is preposterous. Have a good look at the kind of politician that is writing California’s laws these days. Would you trust this guy to park your car, much less protect your Constitutional rights?
To be honest, we don’t know why Sen. de León believes new legislation is needed to ban this “Ghost Gun”? This firearm* is already restricted under existing California law. It also appears to be a short-barreled rifle (SBR), meaning that it is already regulated as a Class III firearm in all fifty states. (In the United States, it is a federal felony to possess an SBR without fling a BATFE Form 4, and paying a $200 tax to the BATFE.) As one web journalist observes: “It’s hard to trust Democrats when they say completely… inept things like this.”
*The term “Ghost Gun” has been used to describe plastic guns that evade metal detectors, and/or arms built from 80% lowers or unregistered receivers. But it is already against the law in California to create or sell a functioning AR15-type rifle that carries no serial number.
Earlier this week, the U.S. District Court in Illinois declared the City of Chicago’s ban on the sale of firearms to be “unconstitutional under the Second Amendment”. The ruling was issued in a court case filed by Illinois firearms dealers and gun owners, challenging Chicago ordinances that ban virtually all sales and transfers of firearms inside Chicago city limits.
U.S. District Court Judge Edmond Chang held that the Second Amendment includes “the right to acquire a firearm, although that acquisition right is far from absolute[.] But Chicago’s ordinance goes too far in outright banning legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms[.]”
[Chicago] Municipal Code § 8-20-100 and the City’s zoning ordinance (MCC § 17-16-0201), which ban gun sales and transfers other than inheritance, are declared unconstitutional under the Second Amendment. The Court will enter judgment for Plaintiffs [Illinois Assn. of Firearms Retailers]. — Order by U.S. District Judge Hon. Edmond E. Chang.
Lawrence G. Keane, NSSF senior vice president and general counsel commented: “This is an important decision because the Court recognized that the lawful commerce in firearms, in which NSSF members are engaged, is protected by the Second Amendment.”
Californians have one more day left before Long Gun Registration takes effect. Starting on January 1, 2014, every long gun sold in California must be registered in a permanent State government database. With the threat of registration looming, Californians are lining up in record numbers to purchase rifles and shotguns. At many gun stores, sales of long guns are up 30-50% compared to last year, as Californians try to “get their guns” before mandatory registration takes effect.
Under current law, a Californian (with no criminal history) may purchase a rifle or shotgun, subject to a 10-day waiting period. At least in theory, once the background check was approved, the gun store owner could destroy the sales record. However, that will change under the terms of AB 809, passed in 2011. AB 809 mandated that, starting in 2014, California shall maintain a permanent record of all new long guns purchased within the state.
Under the new law, each new long gun must be registered. A state firearms registry will track the make, model and serial number of the gun, as well as the person who owns it. In effect, long guns will be treated like handguns, with every gun sold being recorded for all eternity in a state database. According to CBS News: “Previously dealers would destroy personal information on long gun owners after a background check had been completed. Now they’ll register those purchases with the state.”
The new law also imposes new restrictions on the sale of previously-owned long arms (i.e. rifles and shotguns). Now, every time a long gun changes hands, the firearm must be added to the State firearm registry. Previously, nearly all long gun transactions needed to be carried out through an FFL, however, there was no additional registration requirement. After January 1, 2014, when a long gun is transfered via the FFL, it must then be registered. CBS News states: “Guns currently in existence, including heirloom weapons that have been handed down from one generation of family members to the next, will have to be registered for the first time when they next change hands.”
Long-time Guns & Ammo Magazine Technical Editor Dick Metcalf is looking for a new job this morning. The reason? Metcalf defended restrictive gun control laws in a story he wrote in the December issue of Guns & Ammo. This infuriated the magazine’s readers, who raised a storm of protest, flooding the internet with condemnations of Metcalf and the magazine. In damage control mode, Guns & Ammo immediately fired Metcalf and published an apology to its subscribers.
In his article, Metcalf completely misconstrued the language of the Second Amendment of the U.S, Constitution which states: “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.” Seizing on the word “regulated”, Metcalf argued that this means that government regulations which restrict fireams should NOT be considered “infringements” of the right to keep and bear arms.
Metcalf’s interpretation of the Second Amendment is faulty. In the Second Amendment, “regulated” does not refer to gun control — it is an adjective describing the status of the militia. As used in the 18th Century with reference to militias (and army units), “well regulated” meant “trained and organized”. If you read the dispatches from the Revolutionary War, the phrase “well regulated militia” was used to describe units that were trained, had a command structure, and were drilled regularly.* In modern parlance, we might use the phrase “trained and disciplined” in place of “well regulated”.
In any case, Metcalf has been fired from his position as technical Editor of Guns & Ammo. The magazine’s Chief Editor, Jim Bequette, issued this statement, disavowing Metcalf’s words, and announcing that Metcalf’s “association with Guns & Ammo has officially ended”:
*This is explained in the award-winning history book, Almost A Miracle: The American Victory in the War of Independence, by John Ferling. In that book, you can read actual military dispatches and orders from the Revolutionary War. Contemporary letters and dispatches often contrasted “well-regulated militias” to untrained units that had no assigned officers and rarely drilled.
Colorado voters have sent a message that has caused a stir around the country. In the first-ever state recall election in Colorado history, two anti-gun politicians were sent packing. Colorado State Senate President John Morse was turned out of office on a 51-49% vote, while fellow Democrat State Senator Angela Giron was removed from office on a 56-44% tally.
The L.A. Times reports: “In an unprecedented backlash, two state lawmakers who helped stiffen Colorado’s gun laws were ousted Tuesday in a recall that turned into a nationally watched referendum on gun control.” Two new Republican-party Senators, Colorado Springs Councilman Bernie Herpin and Pueblo police officer George Rivera, were elected to replace Morse and Giron, respectively.
Senate President Morse lead the charge for new gun control laws, enacted in Colorado earlier this year without a single Republican vote. Critics attacked the legislation, saying it was fast-tracked through Colorado’s Democratic-controlled Legislature with insufficient public debate. Recall sponsors also faulted Morse and Giron for failing to listen to constituents’ concerns about Second Amendment rights.
The Shooting Wire reports:
“Both races were described by many in the mainstream media as a national litmus test on gun rights versus new regulations. If that’s the case, it may also prove that all politics are, indeed, local. Despite being outspent by more than 7 to 1, pro-gun advocates turned out more voters than their opposition. But Colorado residents told reporters that when it came down to it, the millions spent by either side wouldn’t matter. This recall was designed to send a simple message to elected officials.’If I don’t listen to my boss and do what he wants,’ one Colorado Springs voter told reporters, ‘I get fired. Why should our elected officials be any different?’.”
Louisiana has adopted a program we’d like to see state governments copy nationwide. From September 6th through 8th, 2013, Louisiana shoppers can buy guns, ammo, and hunting supplies without paying a penny of sales tax. The Sales Tax Holiday is authorized by a Louisiana statute that waives gun-related sales and use taxes each year on the first Friday through Sunday in September.
Now that’s a “stimulus program” all firearms owners can support. Don’t you wish your state had a similar Second Amendment tax holiday?
The sales tax holiday takes place Friday, September 6, through Sunday, September 8, pursuant to the Louisiana Second Amendment Weekend Holiday Act. This law provides a three-day exemption from state and local sales and use taxes on consumer purchases of firearms, ammunition, and hunting supplies. Tax-free items include: Guns, Ammunition, Game feed and Decoys, Camo Gear, Hunting Safety Gear, Knives, Bows, Arrows, Boats and Off-Road Vehicles. Get more information at Louisiana’s Department of Revenue Website.
Learn More About Louisiana’s Second Amendment Sales Tax Holiday
Business Purchases Still Taxed
During Louisiana’s Sales Tax Holiday weekend, the sales and use tax levied by the state and its political subdivisions shall not apply to any consumer purchases (by individuals) of firearms, ammunition and hunting supplies. However, sales and use taxes will still be due on business purchases of guns and ammo. Also sales tax will still apply to sales of animals used for hunting purposes .
On Saturday, June 29, 2013, just two days before Colorado’s new anti-gun laws go into effect, Magpul Industries will give away 1,500 30-rd AR-platform magazines. Magnul is giving away the magazines as a protest against the new legislation. The give-away will take place at the “Farewell to Arms” event to be held Saturday in Glendale, Colorado. The event is being sponsored by Free Colorado, a non-profit organization advocating for the rights of gun owners. New Colorado laws take effect on July 1st limiting magazine capacity to 15 rounds. Magpul announced:
Attention Colorado
Come on out and join the festivities at Infinity Park in Glendale, CO, this Saturday, June 29, celebrating FREEDOM on the last weekend before the unconstitutional mag ban takes effect, and get your last shot at purchasing PMAGs. We’ll be there, and we’ve ponied up a LOT of PMAGs. The first 1500 attendees through the gate over the age of 18 will receive a free Magpul Gen M2 MOE 30rd magazine featuring either the Free Colorado or Boulder Airlift design, courtesy of Magpul Industries Corp. Proceeds from mag sales go towards the legislative and legal fight for Second Amendment rights in CO. There will be food, live music, and a helo-borne aerial delivery of PMAGs. Get tickets and pre-purchase PMAGs at: www.freecolorado.net.
This item should make you guys smile. An anti-gun organization, StopNRA.org, has shot itself in the foot, figuratively speaking. The StopNRA group, which opposes the NRA and seeks to curtail Second Amendment freedoms, put up a reader poll on its StopNRA.org website. The poll asked: “Do you agree or disagree with NRA gun policies?” Well it turns out that over 71% of respondents AGREE with NRA policies. So, the anti-gun poll has back-fired, big time. View poll results here:
54 county sheriffs in Colorado are leading the fight to overturn anti-gun legislation recently passed in Colorado, filing a federal lawsuit in the U.S. District Court for Colorado. The NSSF, the Colorado Outfitters Association, Magpul Industries, and firearms retailers have joined the Sheriffs in a broad-based legal challenge to Colorado’s recently enacted gun-control laws. Notably, all but 10 of the state’s 64 sheriffs, who are elected officials, have joined the suit as plaintiffs.
“From the perspective of the sheriffs this legislature had an agenda rather than good public policy in mind when they rushed these bills through and in this rush to pass new laws they didn’t bother listening to the people charged with enforcing them,” explained Weld County Sheriff John Cooke.
“In addition to Constitutional infringements and unenforceable requirements regarding magazine capacity, as the sheriffs have pointed out, we believe it will be impossible for citizens to comply with mandated firearms ‘transfers’ through federally licensed retailers,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Colorado’s federally-licensed firearms retailers are being asked to process these transfers as if they were selling from their own inventory and to monitor both seller and buyer through a state-administered check process that can take hours or even days. They will not be able to recoup the actual cost of providing the service, which is capped at $10, but they will be liable for paperwork errors and subject to license revocation. For this reason and the many others detailed in our joint action with our fellow plaintiffs, these laws need to be struck down,” Keane said.