Firearms Law and the Second Amendment: Regulation, Rights, and Policy

This casebook is the first and only traditional law school casebook to cover the subject. It provides a comprehensive treatment of cases and materials before and after the U.S. Supreme Court s landmark cases in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), which affirmed the constitutional right to private firearm possession and use, and made the right enforceable against the states. From days of Anglo-Saxon King Alfred s militia in the eighth century through the latest cases on electric stun guns and 3-D printed firearms, this casebook covers all aspects of firearms law, policy, and regulation. Rather than looking at arms laws in isolation, the book pays careful attention to changing contexts in race, class, religion, technology, and politics. It is ideally suited to law school courses on firearms law, the Second Amendment, criminal law, jurisprudence and legal history.

Key Benefits:

  • Comprehensive coverage of all aspects of firearms law, from early English origins to present-day debates.
  • Ideally suited for a dedicated law school course in firearms law and the Second Amendment.
  • Supplemental materials on the website will provide a continuing research resource, tracking the most current developments in firearms law, regulation, and policy.
  • Five online chapters on firearms and status, the philosophy of citizen arms bearing, international law, comparative law, and an in-depth explanation of firearm and ammunition functionality.

BLUF:
The ad bombardment is expected to take aim at eight key states: Arizona, Florida, Georgia, Iowa, Minnesota, North Carolina, Pennsylvania and Texas.
So, if you’re there, get ready up for a gun-demonizing onslaught designed to “change your mind.” And know where it comes from: a man with a lot of money who couldn’t buy popularity to get the Democratic Party’s nomination for president, but is, nevertheless, intent on pulling strings.

Bloomberg Wants to Buy Your Right to Bear Arms

Michael Bloomberg failed to win much Democratic support in his expensive quest (spending an estimated $1 billion of his personal fortune) to secure the 2020 nomination for president, but the former New York City mayor is continuing to push his unrelenting gun-control agenda with lots of money.

He has plenty of it, and has no problem using it in an attempt to buy peoples’ freedom.

On Monday, Bloomberg confirmed that he is going to spend $60 million of his own money—a drop in the pan for a man worth in surplus of $50 billion by some estimates, but unfathomable funds to us commoners—to aid Democrat candidates for the U.S. House of Representatives across the country who would vote to restrict our right to keep and bear arms.

The $60 million is being poured into digital and television ads. It will also include a dump of funds to the House Majority PAC, connected to House Speaker Nancy Pelosi, who has already gushed that the Bloomberg injection “was pivotal to our success two years ago.” Continue reading “”

And the number one state with most NICS checks so far this year is…….

Dwarfing all other states, FBI data show Illinois had 4.6 million background checks for guns in first seven months

(The Center Square) – Illinois topped the list of all states for firearm background checks so far this year, and is already on pace to blow last year’s numbers out of the water. And reports persist of people waiting beyond the three-day waiting period to pick up the guns they’ve purchased.

There are also more than 143,000 Firearm Owner Identification, or FOID card, applicants still waiting for their cards to be processed by Illinois State Police.

A state Representative says this is tantamount to civil rights being infringed.

Monthly records from the FBI’s NICS Firearm Background Checks report show in the first seven months of the year, there have been nearly 4.6 million checks. That dwarfs every other state, with only Kentucky coming close with 2.2 million checks from January through July. Continue reading “”

Nothing really new to this, just a reiteration of their standard operational crap-for-brains disregard for clearly enumerated rights.


Democrat Party Platform: Ban Online Ammo Sales, License All Gun Owners

The 2020 Democrat Party platform is rife with gun controls that include an all-out ban on online ammunition sales and a push to require every state in the Union to license gun owners.

The 2020 platform also continues a pledge to secure universal background checks, which have existed in California since the 1990s and are currently in place in New York, New Jersey, and other states rife with gun violence.

Gabby Giffords’s gun control law center reports 13 states in total have such checks.

The Democrat’s platform also pledges a ban on online gun sales and efforts to prohibit “some individuals convicted of assault or battery to buy and possess firearms.” Additionally, Democrats will “ban the manufacture and sale of assault weapons and high capacity magazines” and “pass legislation requiring that guns be safely stored in homes.”

The platform also makes clear Democrats want to open gun makers up to lawsuits by “repealing the law that shields gun manufacturers from civil liability.” This is a reference to the Protection of Lawful Commerce in Arms Act (2005), which was put in place to protect gun makers from frivolous lawsuits in instances where the guns in question were legally made and legally sold.

Joe Biden has long campaigned on repealing the PLCAA and opening gun makers up to lawsuits.

On February 24, 2020, Breitbart News reported Biden speaking in South Carolina, referencing gun makers and saying, “I’m going to take you down.”

Maine Republicans hold 2nd Amendment rally

AUGUSTA, Maine (WABI) – A group of Maine Republicans is highlighting the right to keep and bear arms.

At a rally Tuesday morning, supporters of President Trump expressed the importance of maintaining their second amendment rights.

This comes after Democratic presidential candidate Joe Biden announced his running mate as California Senator Kamala Harris.

Attendees of the rally fear that the election of Biden will lead to their second amendment rights being taken away.

One activist explained what firearms mean to the state of Maine.

“The firearms issue crosses party lines, we’re one of the freest states in the nation, the recognition of our rights to keep and bear arms has been opening up and broadening over the last 20 years and that’s only because of bipartisan efforts,” said activist Jeff Zimba. “So, here in the state of Maine running on an anti-gun ticket isn’t gonna play off as favorable to one party or another it just isn’t a popular idea here in the state of Maine.”

The Maine GOP Chair also spoke to the importance of guns for hunting and target practice.

Virginia Militia rallies in Richmond to protect gun rights

RICHMOND, Va. — An open carry rally organized by the Virginia Militia marched through downtown Richmond on Tuesday.

They then rallied outside the Siegel Center, on the campus of VCU, where state lawmakers were holding a special session of the Virginia General Assembly.

They’re speaking out against potential action lawmakers might take that they see as an infringement to their Second Amendment right to bear arms.

“The tyrannical head of Virginia’s current legislation continues to infringe and chip away at our rights,” the group posted on Facebook. “Calling multiple special sessions within one fiscal year to pass law after law of new restrictions against the law abiding citizens of our state. We must not give them an inch, we must not take our attention off for a second.”………

BIG LEAGUE GUNSFLASHBACK: Kamala Harris Called Mandatory Gun “Buyback” Confiscation A “Good Idea”

During her failed campaign for the presidency, California Senator and newly minted Democratic Vice Presidential candidate Kamala Harris appeared to endorse Beto O’Rourke-style gun confiscation. Harris called the notion of mandatory “buyback” gun confiscations a “good idea” in an interview with Bloomberg News, following the lead of another Democratic contender, Beto O’Rourke.

Harris, who endorsed the policy when speaking after a campaign event in New Hampshire, qualified that additional details had to be resolved to enact mandatory buybacks, but made it clear she expressly supports the notion of mandatory confiscation buybacks

I think it’s a good idea… We have to work out the details — there are a lot of details — but I do,” responded Harris when asked about her potential support for Beto O’Rourke’s aggressive gun seizure agenda. “We have to take those guns off the streets,” she said of the millions of legally owned semiautomatic firearms in civilian hands.

Harris’ entry into the Democratic ticket possibly signals Joe Biden’s most cogent embrace of the gun confiscation policies long favored by the neoliberal extremist element of the Democratic Party, which go a step further than most liberal gun control policies in actively mandating that law-abiding patriots who own so-called “assault weapons” surrender their guns to the government.

Biden has previously stated that he plans on appointing Beto O’Rourke to “take care of the gun problem” in his administration when he’s office. He appears primed to surround himself with the most draconian anti-gun confiscation enthusiasts as President.

Record-Setting Interest in Self-Defense

Two trend lines related to our issue have diverged in a remarkable way that indicates that firearms and the 2nd Amendment are fundamental American mainstays. We’ve covered the string of record-breaking NICS background check numbers since the onset of the pandemic, and July NICS data continues that trend. New data from Gallup shows that gun control has slid further down Americans’ list of most important issues, and a deeper dive into NICS data suggests that new gun owners and the need for self-defense are driving the 2020 surge. Continue reading “”

Readers respond: Gun rights aren’t ‘so-called’

A recent letter writer believes Americans’ “so-called ‘gun rights’ ” should be included in the national conversation on violence. (“Include gun control in the conversation,” Aug. 3). The right of Americans to own and carry guns is far from “so-called.” They are enumerated in the U.S. Constitution and in Oregon’s Constitution and have been recognized and upheld by the Supreme Court with the Heller decision in 2008.

As of this writing, Portland has recorded its deadliest month in the past 30 years (“Portland police record highest number of death investigations in single month in more than three decades,” July 30). Stabbings, shootings, assaults and home invasions are a regular occurrence. There is a call for law enforcement to be defunded, and ineffectual leaders have hobbled the police bureau for their own political gain. Gun sales are at an all-time high, background checks take many days instead of several minutes, and ammunition is in short supply. This is a result of concerned Americans wishing to protect themselves from violent criminals when local governments refuse to.

One can be displeased by the fact that Americans enjoy a unique right to self-preservation, but to deny the Second Amendment and falsely claim the right to keep and bear arms as “so-called” is intellectually dishonest. Law-abiding gun owners have every right to arm themselves. Thankfully, the Founding Fathers added no provisions in the Bill of Rights protecting the timid from never encountering things that make them uncomfortable or that offend delicate sensibilities.

Norwood Paladin, Portland

More Americans are realizing government and the police can’t, or won’t  protect you.


Although I have always been a staunch supporter of the Second Amendment, I never advocated that everyone should get a gun. I did support and continue to support freedom of choice in owning and possessing firearms. But now, it is time for every law-abiding American citizen to be armed. Learn how to properly use a gun and how to safeguard it.

Our Country is at a crossroads. We stand to lose everything near and dear to us if we don’t pay to heed to the threats directed against us, bearing down relentlessly on all of us.

It is the responsibility of all citizens to safeguard their own life and safety and that of their families, and to preserve our Republic as the founders intended; to protect it from the insinuation of tyranny that the Radical Left would dare impose on Americans.

THE GOVERNMENT CANNOT PROTECT YOU! YOU MUST PROTECT YOURSELF!

As a NYPD veteran police officer, and Adjunct Professor/Lecturer of Police Science at John Jay College of Criminal Justice, National Rifle Association Certified Firearms Instructor (pistol, rifle, and shotgun), and Training Counselor, and active member of the International Association of Law Enforcement Firearms Instructors, and lifetime resident of New York City, I have dedicated my life to the preservation and strengthening of our cherished Second Amendment. This is no easy task, especially today, as we see constant, concerted, vigorous attacks on the fundamental right of personal defense with firearms. Continue reading “”

could ?
They’re wishing it ain’t so.
And if we’ve learned anything, when a demoncrap says it isn’t politics, it certainly is.
Everything to them is politics.


Attempt to dismantle NRA could push gun rights into 2020 debate

******************

James denied her actions were politically-motivated in an interview with CNN Thursday.

“It’s not politics at all,” she said. “This investigation began in 2019 and the complaint lays out all the allegations and facts and the conclusions of law… I have a duty and an obligation and a responsibility to follow the law and to ensure the mission of non-profits, including the NRA, are protected.”

With November’s election looming, though, the political ramifications are difficult to ignore. President Donald Trump—who was endorsed by the NRA last month—immediately touted the lawsuit as a reason for gun rights supporters to back him over presumptive Democratic nominee former Vice President Joe Biden.

“Just like Radical Left New York is trying to destroy the NRA, if Biden becomes President your GREAT SECOND AMENDMENT doesn’t have a chance,” Trump tweeted Thursday. “Your guns will be taken away, immediately and without notice. No police, no guns!”………..

 

Violence Spikes in Washington’s King County, Bastion of State Gun Control

King County, Washington is in the midst of a violent crime spike as the office of Prosecutor Dan Satterberg is reporting the first six months of the year saw more people shot than in any of the previous four years over the same time period.

There is no small irony in this, because King County, which encompasses Seattle—headquarters to the billionaire-backed Alliance for Gun Responsibility, a gun prohibition lobbying group—is something of the bastion of Pacific Northwest gun control. Continue reading “”

JOE BIDEN DOUBLES DOWN ON DESIRE TO REBOOT GUN BAN

Presumptive Democratic Presidential candidate Joe Biden on Wednesday made clear his intentions to reboot an expired ban on popular semi-auto firearms if he moves into the White House.

Biden, a career politician who served two terms as the country’s Vice President and 35 years as a U.S. Senator from Delaware, called back to the days of his key support in Congress of the controversial Federal Assault Weapons Ban of 1994.

“Weapons of war have no place in our communities,” Biden said on his campaign’s social media accounts. “When I was a senator, I took on the NRA and secured a 10-year ban on assault weapons — and as president, I’ll ban these weapons again.” Continue reading “”

Voting With Their Guns

There’s nothing like nationwide protests and a murder surge in major cities to cause a spurt of new gun sales. Gun controllers may want to rethink their 2020 strategy.
The FBI’s most recent gun-sale figures are stunning. They show that in July the bureau carried out 3.6 million background checks, the third highest month on record. Adjusting to reflect checks only for gun purchases, the National Shooting Sports Foundation (NSSF) says this translates to 1.8 million gun sales for July 2020—a 122% increase over July 2019. The 12,141,032 gun sales through this July is just shy of the 13,199,172 sales for all of 2019.
These record sales are best understood as a referendum on the riots, and the growing lack of confidence many Americans have that police will protect them. This is more than National Rifle Association spin. Continue reading “”

Gun Control Myths: How politicians, the media, and botched “studies” have twisted the facts on gun control

Lott blows away one false myth about gun ownership after another.
As Andrew Pollack’s Foreward notes; “Learn the actual facts that debunk them.” From myths about mass public shootings to suicides to gun ownership rates and crime to gun free zones, Lott addresses the claims you frequently hear in the media and explains what is wrong with those claims.
“John Lott has been giving us the facts about guns for decades. Finally clear to all that one party in America has an anti-Second Amendment platform and wants to disarm you. Now you need to arm yourself with the Truth.

“When citizens see images of social breakdown and violence on television or out their windows, it changes them,” added Tom Kubiniec, CEO of gun safety and storage company, SecureIt Tactical. “Those who have supported strict gun control or confiscation have argued that only the government can provide safety and security. That argument appears to have collapsed.”

Will first-time gun buyers sway political support for the Second Amendment?

The year 2020 has brought with it unrest and uncertainty – from the coronavirus pandemic to the wave of nationwide protests and riots that have resulted in a push not only to enact police reform but to defund and abolish entire departments.

Amidst these developments, gun store shelves are being wiped bare, and more than two-and-a-half million Americans are estimated to have made the purchase of a firearm for the very first time in their lives.

Data from the National Shooting Sports Foundation (NSSF) has found that at least 40% of their sales have come from first-time buyers. Typically, this group accounts for about 25% of buyers.

The glut of new owners has ignited a debate as to whether it will solidify a more pro-gun voting bloc and whether it will bring about more of a “middle ground” in the debate over gun legislation. Continue reading “”

Presidential Message on National Shooting Sports Month 2020

During National Shooting Sports Month, we commemorate our Constitutional right to bear arms by celebrating America’s cherished past time of recreational and competitive shooting sports.

Our great Nation has a rich history of fostering responsible gun ownership.  In the early days of our Republic, turkey shoots encouraged community engagement and brought families closer together.  As our country grew, these local events developed into large regional and national events and competitions that drew thousands of spectators.  By the late 19th century, sharpshooters such as Pawnee Bill and Annie Oakley established popular shows with Wild West and other themes, touring the country with acts featuring their talent with firearms.  These pioneering American folk heroes demonstrated the courage, skill, and persistence necessary to excel in shooting sports and that reflect our founding values.  Today, we continue to promote interest in such social pastimes that celebrate our rich and unique history of shooting sports.

As we encourage our fellow Americans to take part in learning more about firearms this month, including safety and proper instruction, we also pledge to continue doing our part to ensure that our rights are never infringed upon.  Enshrined in the Bill of Rights, our Second Amendment protects the individual liberties of Americans to keep and bear arms.  Since my first day in office, I have made clear that my Administration will always protect and defend the Second Amendment.  We will continue to oppose those individuals and policies that attempt to tread on this essential and cherished liberty.

This National Shooting Sports Month, I ask those Americans who currently participate in shooting sports to share this cherished tradition with others.  Together, we can proudly ensure that the next generation knows how to safely and responsibly enjoy their Second Amendment freedoms.

The platform wasn’t the product of Biden’s thinking, but those propping him up. They’re ramming through a radical agenda to disarm law-abiding Americans when they’re buying firearms in record numbers over concerns of personal safety. This is a platform that is far beyond being out of step with America. It’s tripping over itself.

DNC PLATFORM GOAL: END THE FIREARM INDUSTRY

By Larry Keane

Presumed Democratic presidential nominee, Joe Biden, called the firearm industry “the enemy” from the debate stage one year ago. Now, the rest of the party plans to follow him in that announcement with the Democratic Platform that lays out an agenda to dismantle the firearm and ammunition industry and destroy Second Amendment rights in America.

The DNC posted the party’s draft platform online, which will be formally adopted during the Milwaukee convention starting Aug. 17. Just two paragraphs of the 80-page document are dedicated to firearms, but not much space is needed when the party is in lockstep. The plan includes:

  • Criminalizing private firearm transfers
  • Disrupting interstate commerce by criminalizing online firearm and ammunition sales
  • Instituting endless “delay” windows for background checks
  • Banning the manufacture and sale of modern sporting rifles
  • Banning the manufacture and sale of standard magazines
  • Enacting licensing schemes to exercise Second Amendment rights
  • Enacting ex parte “red flag” laws to seize guns without legal recourse
  • Mandating home storage requirements under penalty of law
  • Repealing the Protection of Lawful Commerce in Arms Act to subject the industry to frivolous lawsuits

In Lockstep

Former Vice President Biden already told America exactly how he feels when it comes to law-abiding citizens demanding their civil rights. Union autoworker Jerry Wayne questioned Biden on his commitment to safeguarding gun rights, only to be the target of Biden’s temper when he jabbed a finger in his face, telling Wayne, “not to be such a horse’s ass,” and telling him he’s “full of sh*t.” Continue reading “”

A Scary Fact Found in a Gun Survey on the Upcoming Election

Deep in a survey of likely voters, paid for by the National Shooting Sports Foundation (NSSF), the trade association for firearms manufacturers, is the startling fact that most people don’t realize Joe Biden, the Democratic Party’s presumptive nominee for president, is a gun-control extremist.

While 95% of likely voters said they are “very likely” to vote in the upcoming election, only 17% of gun owners in the survey said “gun-related issues” were one of their three top policy areas going into this election (15% did say “crime” and 18% said “civil rights”).

The truth that Biden is no moderate on guns clearly isn’t getting out enough. The thing is, it isn’t speculation that Biden wants our guns. This fact isn’t even just informed opinion based on Biden’s previous policy positions. The glaring truth is, Biden has actually published a long list of his desired gun bans and restrictions on his 2020 campaign website. Continue reading “”