A judge in <a href="https://www.dailywire.com/topic/washington" target="_blank" rel="noopener">Washington</a> ruled that the state’s ban on magazines that hold more than 10 rounds is unconstitutional, but the state Supreme Court granted an emergency appeal to pause the judge’s decision, meaning the restriction stays in effect for now.
On Monday, Cowlitz County Superior Court Judge Gary Bashor <a href="https://www.documentcloud.org/documents/24536660-state-of-washington-v-gators-custom-guns-inc-ruling-and-orders-23-2-00897-08" target="_blank" rel="noopener">ruled</a> in favor of a Washington gun shop that sued the state after lawmakers banned magazines holding more than 10 rounds in 2022. Bashor rejected the state&#8217;s arguments that the magazines were not suitable for self-defense and that the legislation was common sense. 
“This Court must find there exists no set of facts where the Court can find such a generalized ban or restriction on an am (or an instrument that facilitates self-defense) as constitutional under the Washington Constitution,” Bashor <a href="https://www.documentcloud.org/documents/24536660-state-of-washington-v-gators-custom-guns-inc-ruling-and-orders-23-2-00897-08">wrote</a> in his 55-page decision. “The United States Constitution and the Bill of Rights exist to define the outer limits of what Legislatures and Courts are allowed to do. Amending the Constitution and Bill of Rights cannot be done simply by enacting a law, or by a pronouncement from a Court.&#8221;
Bashor added that he found that large capacity magazines (LCMS) are classified as arms under the State Constitution and that members of the public commonly owned them for lawful purposes. 
“The State has not provided evidence that LCMs are NOT commonly and lawfully owned or possessed by civilians for lawful purposes, including self-defense. The State: instead chose to provide expert opinions concluding only that LCMs are not commonly ‘fired for self-defense purposes’, or are not the best choice for self-defense, neither of which are relevant metrics,” he wrote. 
Bashor, who has been a judge in the rural county since 2011, also pointed to the Founding Fathers in his decision. 
“There was no appetite to limit gun rights by the Founders. Though the specific technology available today may not have been envisioned, the Founders expected technological advancements,” Bashor wrote. “The result is few, if any, historical analogue laws by which a state can justify a modern firearms regulation.”
After Bashor&#8217;s ruling, Washington State Attorney General Bob Ferguson, a Democrat, <a href="https://www.seattletimes.com/seattle-news/politics/was-ban-on-high-capacity-gun-magazines-ruled-unconstitutional/" target="_blank" rel="noopener">filed</a> an emergency appeal before the state’s high court, arguing magazine capacity limits are constitutional. 
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“Every court in Washington and across the country to consider challenges to a ban on the sale of high-capacity magazines under the U.S. or Washington Constitution has either rejected that challenge or been overruled. This law is constitutional,” Ferguson said. 
Washington State Supreme Court Commissioner Michael Johnston sided with Ferguson, keeping the law in effect while the appeal continued. 
The magazine restriction was one of the many gun control policies adopted in recent years by Washington’s Democratic-controlled legislature and Democratic Governor Jay Inslee, including a ban on the sale of AR-15s and similar rifles.

State Of Illinois Passes Illinois  Assault Weapons Ban

Judge Says Washington’s Restrictions On Gun Magazine Capacity Are Unconstitutional

Constitution

Courts

Gun Control

Gun Laws

Gun Rights

Second Amendment

U.S.

Washington

A U.S. District judge appointed by former President Barack Obama dismissed gun charges against an illegal immigrant, stating that he should not “be deprived of his Second Amendment right to bear arms in self-defense.”
U.S. District Court Judge Sharon Coleman of the Northern District of Illinois, who had twice <a href="https://www.govinfo.gov/app/details/USCOURTS-ilnd-1_20-cr-00613/context">previously denied</a> the illegal immigrant‘s motion to dismiss the case against him, reversed herself in the case against Heriberto Carbajal-Flores, who was found with a handgun in the Little Village neighborhood of Chicago in June 2020.
“Carbajal-Flores contends that he received and used the handgun for self-protection and protection of property. Because of Carbajal-Flores’ citizenship status, he was charged in violation of 18 U.S.C. § 922(g)(5), which prohibits any noncitizen who is not legally authorized to be in the United States from &#8216;possess[ing] in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce,'&#8221; Coleman <a href="https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_20-cr-00613/pdf/USCOURTS-ilnd-1_20-cr-00613-2.pdf">noted</a>.
“The government argues that Carbajal-Flores is a noncitizen who is unlawfully present in this country,” Coleman continued. “The Court notes, however, that Carbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. Even in the present case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020.”
“Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants,” she stated. “The Court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment right to bear arms in self-defense. Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional.”

Image of gavel for lawyer courtroom on the desk.

Obama-Appointed Judge Dismisses Gun Charges, Says Illegal Immigrant Should Not ‘Be Deprived Of His Second Amendment Right’

Barack Obama

illegal immigrant

Illinois

A bill that would allow any non-felon <a href="https://www.dailywire.com/topic/louisiana" target="_blank" rel="noopener">Louisiana</a> resident to concealed carry a gun without a permit has passed both the state House and Senate and is expected to be signed by Governor Jeff Landry (R-LA). 
The Republican-backed proposal, SB 1, passed the House on Wednesday by a 75-28 vote and the Senate 28-10 last week. If signed, Louisiana would be the 28th state to enact a constitutional carry-style law. 
The Louisiana bill <a href="https://legis.la.gov/legis/ViewDocument.aspx?d=1348797">says</a> “that law-abiding persons eighteen years of age and not otherwise prohibited may carry a concealed weapon lawfully without a permit,” removing previous requirements for concealed carry in the state. 
“People are getting raped, murdered, carjacked and assaulted,” <a href="https://abcnews.go.com/US/wireStory/bill-allowing-permitless-concealed-carry-louisiana-heads-governors-107656008" target="_blank" rel="noopener">said</a> Louisiana state Rep. Mike Johnson on Wednesday. “A vote for this bill today gives the citizens of Louisiana the right to defend themselves.”
Republican state Sen. Blake Miguez was the sponsor of the legislation and noted it would take effect on Independence Day if signed. 
“Thank you to the LA House of Representatives for passing<a href="https://twitter.com/hashtag/SB1?src=hashtag_click"> #SB1</a> (Constitutional Carry) without amendments. It will now head to Governor Jeff Landry’s desk for signature with an effective date of July 4th this year, in honor of the our nation’s Independence Day,” he said. 
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Thank you to the LA House of Representatives for passing <a href="https://twitter.com/hashtag/SB1?src=hash&amp;ref_src=twsrc%5Etfw">#SB1</a> (Constitutional Carry) without amendments. It will now head to Governor Jeff Landry’s desk for signature with an effective date of July 4th this year, in honor of the our nation’s Independence Day. <a href="https://twitter.com/hashtag/2A?src=hash&amp;ref_src=twsrc%5Etfw">#2A</a> <a href="https://twitter.com/hashtag/lalege?src=hash&amp;ref_src=twsrc%5Etfw">#lalege</a> <a href="https://twitter.com/hashtag/lagov?src=hash&amp;ref_src=twsrc%5Etfw">#lagov</a>
&mdash; Blake Miguez (@BlakeMiguezLA) <a href="https://twitter.com/BlakeMiguezLA/status/1762902046422733024?ref_src=twsrc%5Etfw">February 28, 2024</a></blockquote>
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The proposal was passed after Landry asked the state legislature to pass tougher punishments for crime as well as pass a constitutional carry bill in a special session.
“While criminals carry guns without regard for the law, lawful gun owners are our most law-abiding citizens. Their armed presence helps deter violent crime,” Landry <a href="https://gov.louisiana.gov/index.cfm/newsroom/detail/4425" target="_blank" rel="noopener">said</a>. “It is time Louisiana join 27 other states who have created a constitutional right to carry a firearm without the government’s permission. This body has repeatedly passed it. Now you have a governor who will sign it.”
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A constitutional carry bill was <a href="https://apnews.com/article/la-state-wire-gun-politics-laws-government-and-politics-e3d0715cb75456ffcb58391bf2850cb4" target="_blank" rel="noopener">vetoed</a> in June 2021 by then-Governor John Bel Edwards (D-LA) after both the state House and Senate passed the measure overwhelmingly. 
The governor’s office changed hands earlier this year after Landry <a href="https://www.dailywire.com/news/republican-jeff-landry-elected-louisiana-governor-by-huge-margin-flips-state-red" target="_blank" rel="noopener">won</a> over 50% of the vote in Louisiana’s “jungle primary” in October 2023. Since Landry won over 50% of the vote the race did not go on to the general election. 
Landry ran on getting crime under control and improving the economy and public school system. His campaign website blasted “woke” district attorneys for being soft on crime, and he says that as governor, Louisiana would “hold everyone, and I mean everyone, accountable for violent crime.&#8221;

Todd Settergren of Setterarms gun shop, handles pistols inside his display case on Friday Jan. 13, 2017, in Walnut Creek, Ca. Settergren says California gun laws have gone too far and he welcomes the chance that the federal government under the Trump admi

Louisiana Legislature Sends Constitutional Carry Bill To Republican Governor

Concealed Carry

Louisiana

Politics

<a href="https://www.dailywire.com/topic/wayne-lapierre" target="_blank" rel="noopener">Wayne LaPierre</a>, the longtime CEO of the National Rifle Association, announced his resignation Friday, <a href="https://www.foxnews.com/politics/wayne-lapierre-announces-resignation-nra-chief" target="_blank" rel="noopener">according</a> to Fox News.
LaPierre worked for the organization for nearly five decades, joining in 1977, and has served as its executive vice president and CEO since 1991, Fox noted. His resignation will be effective January 31, and NRA President Charles Cotton said that Andrew Arulanandam, head of general operations, will step in as interim CEO.
&#8220;With pride in all that we have accomplished, I am announcing my resignation from the NRA,&#8221; LaPierre said in a press release obtained by Fox News. &#8220;I’ve been a card-carrying member of this organization for most of my adult life, and I will never stop supporting the NRA and its fight to defend Second Amendment freedom. My passion for our cause burns as deeply as ever.&#8221;
“On behalf of the NRA Board of Directors, I thank Wayne LaPierre for his service,&#8221; Cotton said in the press release. &#8220;Wayne has done as much to protect Second Amendment freedom as anyone. Wayne is a towering figure in the fight for constitutional freedom, but one of his other talents is equally important: he built an organization that is bigger than him.&#8221;
LaPierre, 74, attributed his resignation to concerns about his health.
LaPierre&#8217;s resignation comes as a lawsuit brought by New York Attorney General Letitia James against the NRA is set to go to trial next week, <a href="https://www.cnn.com/2024/01/05/us/wayne-lapierre-nra-resigns/index.html" target="_blank" rel="noopener">according</a> to CNN. The suit alleges that the NRA violated laws concerning non-profits and accuses its leaders of using the non-profit&#8217;s money for personal use. The suit seeks to dissolve the organization.
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“The NRA’s influence has been so powerful that the organization went unchecked for decades while top executives funneled millions into their own pockets,” James said after she announced the suit in August 2020.
After James filed the suit, then-NRA President Carolyn Meadows <a href="https://www.cnn.com/2020/08/06/politics/ny-ag-announcement/index.html" target="_blank" rel="noopener">told CNN</a> it was a &#8220;baseless premeditated attack on our organization and the Second Amendment freedoms it fights to defend. It’s a transparent attempt to score political points and attack the leading voice in opposition to the leftist agenda.&#8221;
James has been highly critical of the NRA since before she was attorney general, <a href="https://www.usatoday.com/story/news/politics/2020/08/19/nra-lawsuit-ny-ag-letitia-james-past-comments/5606437002/" target="_blank" rel="noopener">calling</a> it a &#8220;criminal enterprise&#8221; and a &#8220;terrorist organization&#8221; during her 2018 campaign for the position.
&#8220;The NRA continues its defense of a lawsuit by the New York Attorney General, and LaPierre is an individual defendant in that action. It is well-known that the NYAG vowed to pursue the NRA when she was candidate for her office and, upon being elected, filed a lawsuit to dissolve the Association in August 2020. Trial proceedings in that case begin Monday,&#8221; the NRA said in its <a href="https://home.nra.org/statements/nra-evp-wayne-lapierre-announces-resignation-from-nra/" target="_blank" rel="noopener">press release</a> announcing LaPierre&#8217;s resignation.

Leading Conservatives Gather For Annual CPAC Event In National Harbor, Maryland

Wayne LaPierre Resigns As NRA CEO

National Rifle Association (NRA)

Social Issues

Wayne LaPierre

Hundreds of bodega workers in <a href="https://www.dailywire.com/topic/new-york-city">New York City</a> are applying for concealed-carry gun permits as the city struggles with ongoing violent theft.
The United Bodegas of America, the union representing bodega workers, announced Sunday that it has helped at least 230 bodega owners apply for firearm licenses.
Bodegas, the city&#8217;s small convenience stores, are often located in high-crime neighborhoods, making them a frequent target for criminals, in some cases armed ones.
After the pandemic, the bodega union said it formed a &#8220;secret society of gun owners&#8221; for bodega employees in New York City to obtain concealed-carry licenses. The list of which store owners are armed will remain a secret, the union said.
&#8220;Anyone that&#8217;s out there looking to rob us, hurt us, kill us – beware,&#8221; said union spokesman Fernando Mateo. &#8220;You may be walking into the wrong bodega because now we have the same firepower you have.&#8221;
The union connects store owners with concealed-carry classes required by the state to obtain a permit. Instructors like Johnny Nunez, a retired NYPD sergeant and former New York City police academy instructor, teach the courses.
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The gun ownership movement comes in the wake of several high-profile deadly crimes in bodegas over the last few years.
Back in 2018, a 15-year-old boy <a href="https://www.fox5ny.com/news/lesandro-junior-feliz-guzman-murder-five-sentenced-after-2018-killing" target="_blank" rel="noopener">entered</a> a Bronx bodega before he was dragged out and stabbed to death by Trinitarios gang members.
In March, a double shooting at a Bronx bodega left one man dead. Just weeks before that, a deli worker on the Upper East Side was <a href="https://www.fox5ny.com/news/bronx-bodega-shooting-wakefield" target="_blank" rel="noopener">shot</a> and killed by an armed robber with a criminal record.
In October, a man <a href="https://brooklyn.news12.com/bodega-workers-call-for-more-safety-measures-in-response-to-mount-hope-fatal-shooting" target="_blank" rel="noopener">shot</a> another man in the stomach and chased him into a bodega before police arrived. The victim ultimately died.
Bodegas are not the only retail stores packing heat in New York.
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About a quarter of the National Supermarket Association&#8217;s members in the city are now carrying guns as well, compared to only 10% before the pandemic, the group <a href="https://nypost.com/2023/12/02/metro/nyc-bodega-owners-grocers-arming-themselves-with-guns-amid-violent-thefts-plaguing-big-apple/" target="_blank" rel="noopener">said</a>.
Robberies, assaults, burglaries, and grand larceny are all up double-digit percentages from two years ago in New York City, although they are down this year from last year, <a href="https://www.nyc.gov/assets/nypd/downloads/pdf/crime_statistics/cs-en-us-city.pdf" target="_blank" rel="noopener">according</a> to NYPD data.
Shootings are down significantly after <a href="https://www.thecity.nyc/2020/12/21/why-are-shootings-up-in-new-york-city-in-2020-nypd/" target="_blank" rel="noopener">spiking</a> in 2020, after which the bodega union began its push for gun licenses.
Retail theft has also risen dramatically. From 2021 to 2022, shoplifting complaints jumped 44%, the mayor&#8217;s office <a href="https://www.nyc.gov/office-of-the-mayor/news/340-23/mayor-adams-plan-combat-retail-theft-new-york-city#/0" target="_blank" rel="noopener">said</a> earlier this year.
More than 300 repeat offenders committed 30% of last year&#8217;s retail thefts, which totaled more than 22,000 incidents, Mayor Eric Adams (D) said in May when he launched a task force to combat the issue.
The bodega union&#8217;s president, Radhames Rodriguez, 60, owns several bodegas in the Bronx and said he obtained his concealed-carry license two months ago and bought a 9mm Smith &amp; Wesson pistol.
Rodriguez said that in the 1980s, he had a “premises” gun permit, but he let his license lapse as the city became less dangerous in recent decades.
Now, however, “it started looking like in the ‘80s, the ‘90s,” Rodriguez <a href="https://nypost.com/2023/12/02/metro/nyc-bodega-owners-grocers-arming-themselves-with-guns-amid-violent-thefts-plaguing-big-apple/" target="_blank" rel="noopener">told</a> the New York Post. “That’s why I applied, and this is why I have it.”
</div>
</div>

Powerball Jackpot Grows To Over 700 Million

Hundreds Of NYC Bodega Workers Applying For Gun Permits Amid Violent Thefts

Crime

Guns

New York

New York City

After a New Mexico sheriff stated that his office would not enforce a segment of the Democratic governor’s order suspending the right to carry open and concealed guns publicly — echoing the state’s attorney general, who called the move unconstitutional — the governor mocked the sheriff, declaring “It&#8217;s not for police to tell me what&#8217;s constitutional or not.”
Bernalillo County Sheriff John Allen stated, “In reference to concealed carry and open carry, the Bernalillo County Sheriff&#8217;s Office will not enforce this segment of the order. While I understand the urgency, the temporary ban challenges the foundations of our Constitution. But most importantly, it is unconstitutional.”
Democratic Governor Michelle Lujan Grisham, interviewed by CNN’s Poppy Harlow, snapped, “It&#8217;s not for police to tell me what&#8217;s constitutional or not. They haven&#8217;t supported one, not one gun violence effort in the State of New Mexico including domestic violence protections, universal background checks.”
“You&#8217;re an attorney,” Harlow noted. “Do you think you&#8217;re on solid constitutional ground here?”
“Well, we&#8217;re going to see,” Grisham declared. “I mean, look, I wouldn&#8217;t do it if I didn&#8217;t think I had the right. I have the right.”
“But where is the right? Where is the right?” Harlow pressed.
“In the State of New Mexico, public — it&#8217;s a suspension. It&#8217;s not a ban. And we&#8217;ll see what all of these court actions do,” Grisham replied.
Then she tried to compare gun rights to abortion: “I got a Supreme Court that says my personal bodily autonomy can be restricted. And yet, NRA and other issues on the Second Amendment keep getting broadened.”
“The Supreme Court last year totally changed what we&#8217;re allowed to do, what you&#8217;re allowed to do,” Harlow stated. “And they say, unless you can base it in the history and tradition, you don&#8217;t have grounds to do something like this. The New Mexico constitution, I looked last night, Article 2, Section 6, says this, ‘No law shall abridge the right of citizens to keep and bear arms for security and defense. No municipality or county shall regulate in any way any incident the right to keep and bear arms.’ Are you not in violation of both the U.S. Constitution and your state&#8217;s constitution?”
“I don&#8217;t believe that we are,” Grisham sniffed. “And if that narrow reading of the constitution, which has been tested in the state, we wouldn&#8217;t have universal background checks, we wouldn&#8217;t have a waiting period, we wouldn&#8217;t have a red flag law, we wouldn&#8217;t have prohibitions for straw purchases. None of those would have been deemed constitutional. And today all of them are.”
“They were before the Supreme Court ruled that,” Harlow pointed out.
“But they haven&#8217;t been tested again,” Grisham argued.
“Are you going to keep doing this 30 days, take it up to the Supreme Court, or is this about a statement right now?” Harlow asked.
“Listen, I can make any number of statements and already have,” Grisham boasted.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
N.M. <a href="https://twitter.com/GovMLG?ref_src=twsrc%5Etfw">@GovMLG</a>: “It’s not for police to tell me what’s constitutional or not. They haven’t supported one, not one gun violence effort in the state of New Mexico, including domestic violence protections, universal background checks.” <a href="https://t.co/KE7YT0BS9B">pic.twitter.com/KE7YT0BS9B</a>
&mdash; Tom Elliott (@tomselliott) <a href="https://twitter.com/tomselliott/status/1701618616955806179?ref_src=twsrc%5Etfw">September 12, 2023</a></blockquote>
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The Permian Boom Collides With a Governor’s Climate-Change Push

‘It’s Not For The Police To Tell Me What’s Constitutional’: NM Gov Defiantly Defends Suspending Gun Rights

NM Gov Defiantly Defends Suspending Gun Rights

Democrat

governor

Michelle Lujan Grisham

New Mexico

California Governor <a href="https://www.dailywire.com/topic/gavin-newsom" target="_blank" rel="noopener">Gavin Newsom</a> is proposing changing the Constitution to restrict gun ownership.
Newsom, a Democrat, on Thursday proposed a 28th Amendment to the Constitution that would enshrine several gun control wishlist items in the country&#8217;s supreme legal document.
&#8220;Our ability to make a more perfect union is literally written into the Constitution,&#8221; Newsom <a href="https://www.foxnews.com/politics/newsom-proposes-constitutional-amendment-restrict-gun-rights" target="_blank" rel="noopener">said</a> Thursday in his announcement. “So today, I’m proposing the 28th Amendment to the United States Constitution to do just that.&#8221;
Newsom said the 28th Amendment would leave the Second Amendment &#8220;unchanged&#8221; and would &#8220;respect America’s gun-owning tradition.&#8221;
However, the amendment would implement &#8220;commonsense gun safety measures that Democrats, Republicans, Independents, and gun owners overwhelmingly support,&#8221; the governor said.
“This is a mechanism to address that despair,” Newsom said just before his announcement. “We’re sick of being on the defense and throwing up our hands. We want to go on the offense and be for something and build a movement that’s bottom up, not top down.”
Newsom&#8217;s proposal comes nearly a year after the Supreme Court granted Second Amendment advocates a major win last year in New York.
The court <a href="https://www.npr.org/2022/06/23/1102995474/supreme-court-opinion-guns" target="_blank" rel="noopener">struck down</a> a century-old New York law that limited gun carry licenses to people carrying them for sports like hunting or shooting or those with a special need for self-defense, like transporting cash.
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The proposed constitutional amendment would ban &#8220;assault weapons,&#8221; implement universal background checks for gun purchases, raise the federal minimum age to purchase a firearm from 18 to 21, and impose a mandatory <a href="https://www.politico.com/news/2023/06/08/newsom-gun-control-amendment-00100954" target="_blank" rel="noopener">&#8220;reasonable&#8221;</a> waiting period for all gun purchases.
The amendment would also leave room for Congress, states, and local governments to impose additional gun regulations on top of the amendment&#8217;s regulations.
The Constitution can only be amended in <a href="https://www.senate.gov/reference/reference_index_subjects/Constitution_vrd.htm#:~:text=Article%20V%20of%20the%20Constitution,thirds%20of%20the%20state%20legislatures." target="_blank" rel="noopener">two ways</a>.
The first way is through Congress approving an amendment through a two-thirds vote in both the House and Senate, then sending it back to states for ratification. The second way is through a convention of states under Article V, meaning two-thirds of state legislatures would have to agree to even consider a new constitutional amendment, then agree to adopt it, and then send it back to the states for ratification.
Three-fourths of the 50 U.S. states have to ratify new amendments to the Constitution, making it extremely difficult to do.
Democrats have only a two-seat majority in the Senate, and Republicans control the House, so it is very unlikely a constitutional amendment on gun control would get two-thirds support in either chamber.
Because of this, Newsom wants to pass his amendment through a convention of states.
Newsom said he will lobby other state legislatures to convince them to call a convention of states and move forward with his gun control amendment.
The National Rifle Association (NRA) was quick to condemn Newsom&#8217;s proposal.
&#8220;Newsom’s latest publicly stunt once again shows that his unhinged contempt for the right to self-defense has no bounds,&#8221; the NRA <a href="https://www.foxnews.com/politics/newsom-proposes-constitutional-amendment-restrict-gun-rights" target="_blank" rel="noopener">said</a> in a statement, adding, &#8220;California is a beacon for violence because of Newsom’s embrace of policies that champion the criminal and penalize the law-abiding.&#8221;
Gun Owners of America (GOA) challenged Newsom&#8217;s claim that the Second Amendment would remain intact.
&#8220;We&#8217;ve always warned those who cherish their God-given liberties that the ultimate goal of anti-gunners was the abolishment of the Second Amendment,&#8221; <a href="https://www.foxnews.com/politics/newsom-proposes-constitutional-amendment-restrict-gun-rights" target="_blank" rel="noopener">said</a> GOA&#8217;s Erich Pratt.

Governor Gavin Newsom

Newsom Proposes Gun Control Constitutional Amendment

California

Gavin Newsom

With mass shootings dominating the news, it feels like the United States has turned into a war zone. Now, Congress must act to protect the American citizenry.
The publicity that comes with these mass shootings drives a predictable response from politicians, celebrities, and even sports teams — a cry for so-called common sense gun laws. President Biden has called for a ban on assault weapons and high-capacity magazines, universal background checks, and an end to immunity for gun manufacturers. <a href="https://www.sheknows.com/parenting/slideshow/2691703/celebrity-parents-gun-violence/12/" target="_blank" rel="noopener">Kim Kardashian</a> and even the NBA&#8217;s <a href="https://www.ksby.com/dallas-mavericks-wade-into-politics-following-texas-mass-shooting" target="_blank" rel="noopener">Dallas Mavericks</a> have also called for more stringent gun laws.
Most of these pleas are uninformed and would do nothing to stop new mass shootings. There are two solutions Congress can address immediately to help stem the tide — eliminate &#8216;gun-free&#8217; zones and expand concealed carry laws. Liberals don&#8217;t want to hear that, but these two moves could go a long way in keeping would-be shooters guessing who&#8217;s armed who&#8217;s not. 
The data do not support the argument for more and more gun control. Only 12% of mass killings are “<a href="https://www.heritage.org/the-constitution/report/the-current-gun-debate-mass-shootings?_ga=2.66986990.1762492120.1567008225-1261428870.1565801058" target="_blank" rel="noopener">mass public shootings</a>. Most mass killings are ‘familicides’ (murders of family members or intimate partners) and felony-related killings (robberies or gang-related ‘turf battles’).” In the U.S., mass public shootings account for less than 0.5% of all <a href="https://crimeresearch.org/2019/07/breaking-down-mass-public-shooting-data-from-1998-though-june-2019-info-on-weapons-used-gun-free-zones-racial-age-and-gender-demographics/" target="_blank" rel="noopener">gun deaths</a> every year.
But the Democrats insist the answer is a ban on assault weapons and more criminal background checks.
First, let us look at the call to ban “AR-style” assault weapons to reduce mass shootings. According to research provided by the <a href="https://www.pewresearch.org/short-reads/2023/04/26/what-the-data-says-about-gun-deaths-in-the-u-s/">FBI to Pew Research</a>, assault weapons are not the weapon of choice when it comes to gun related crime. In 2020, handguns were involved in 59% of gun murders and non-negligent manslaughters. “Rifles – the category that includes assault weapons – were involved in 3% of firearm murders.” This means that approximately 408 people were killed by “assault weapons” in 2020. For comparison, more than 500 people are killed by <a href="https://petpedia.co/how-many-people-die-from-hippos/" target="_blank" rel="noopener">hippopotamuses</a> each year and more <a href="https://www.dailycal.org/2017/06/30/14-things-kill-people-sharks" target="_blank" rel="noopener">people</a> die falling out of bed or from volcanic explosions each year than are killed by assault weapons.
Second, criminals, by definition, do not abide by the law — that&#8217;s what makes them criminals. Federal law requires a criminal background check for all firearm sales and transfers by licensed dealers. The challenge is that most criminals do not legally obtain their guns. A 2016 <a href="https://bjs.ojp.gov/content/pub/pdf/suficspi16.pdf" target="_blank" rel="noopener">Survey</a> of Prison Inmates reported that approximately 1 in 5 (21%) of all state and federal prisoners reported possessing or using a firearm when they committed the offense for which they were serving time. Of those prisoners, only 7% purchased the weapon under their own name from a licensed dealer. More than half of prisoners (56%) had stolen the weapon, found it at the scene of a crime, or obtained it off the street or from the underground market.
Nevertheless, Congress can and should immediately enact two common sense gun laws that can help reduce the number of mass shootings.
First, we must outlaw gun-free zones — areas where legal gun owners are prohibited from carrying a gun. Gun-free zones often include schools, stores, movie theaters, and bars/nightclubs. Criminals are emboldened to attack people in gun-free zones for they know they can kill with impunity until law enforcement arrives. Both the outlet mall in Texas and the Christian school in Nashville were gun-free zones. From 1988 through August 2019, more than “85 percent of <a href="https://www.usconcealedcarry.com/resources/gun-facts-and-fiction/mass-shootings/" target="_blank" rel="noopener">Mass Public Shootings</a> have occurred in gun-free zones.” Allowing a good guy with a gun to stop a bad guy with a gun is simply smart legislation that will save lives.
Second, we must allow for universal recognition of concealed carry licenses. If a person is qualified to carry a concealed weapon in Illinois, she is certainly qualified to carry the same concealed weapon in Rhode Island or New York. We do not require a person to have a driver’s license for each state in which he or she drives. Why do we require someone who has passed all the background checks and completed all the requisite training to seek multiple licenses to carry a concealed weapon.
These common sense gun laws will save lives. If the government is going to take action to reduce gun violence, let them take action that will have a positive impact on the nation.
Jim Nelles is a Navy veteran and supply chain consultant based in Chicago. His articles have appeared in The Washington Examiner, Newsweek, Foxnews.com, and The Daily Wire. He has served as a chief procurement officer, chief supply chain officer, and chief operations officer for multiple companies.
The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.

Pistols for sale on display at gun shop

Here Are Two Common Sense Gun Laws Congress Must Pass To Help Stop Mass Shootings

Congress

Gun-Free Zones

Readers Pass

Colorado Democrat Governor Jared Polis signed four new gun control bills into law this week as the once-conservative state continues to march further Left.
The new laws include an expansion of the state&#8217;s red flag laws. Previously, a judge could only temporarily seize someone&#8217;s firearms if family members or law enforcement petitioned the court. With the new law, healthcare providers, district attorneys, and teachers can petition the court to take someone&#8217;s firearms away.
The other three laws <a href="https://www.nbcnews.com/politics/politics-news/colorado-governor-signs-gun-control-bills-massacre-rcna82014" target="_blank" rel="noopener">increased</a> the age to purchase a firearm in the state to 21, requires a three-day waiting period after a firearm is purchased before it can be taken home, and makes it easier to sue the gun industry.
A proposal that would have banned the sale and transfer of semi-automatic firearms, but it was killed by state Democrats last week, PBS <a href="https://www.pbs.org/newshour/politics/semi-automatic-firearm-ban-fails-in-democrat-controlled-colorado" target="_blank" rel="noopener">reported</a>.
However, a fifth piece of legislation is expected to soon pass that would ban the creation and sale of so-called &#8220;ghost guns.&#8221;
Gun rights groups immediately filed lawsuits to reverse the increase in buying age and the three-day waiting period, the report said.
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The other pieces of legislation are also likely to face legal challenges in the near future.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Who wants one? Because we are ready! <a href="https://t.co/6svYkFYaJS">pic.twitter.com/6svYkFYaJS</a>
&mdash; Rocky Mountain Gun Owners (@RMGOColorado) <a href="https://twitter.com/RMGOColorado/status/1652329316603277313?ref_src=twsrc%5Etfw">April 29, 2023</a></blockquote>
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The legislation faced pushback from Republicans across the state.
&#8220;This achieves nothing,&#8221; the Douglas County Republican Party said in a statement. &#8220;Criminals will still have guns and schools are still defenseless.&#8221;

US-POLITICS-HARRIS-CLIMATE

Colorado Democrat Governor Jared Polis Signs 4 New Gun Control Bills Into Law

Colorado

<a href="https://www.dailywire.com/topic/visa" target="_blank" rel="noopener">Visa</a> and Mastercard paused plans to track gun and ammunition purchases after receiving blowback to the plan from <a href="https://www.dailywire.com/topic/gun-rights" target="_blank" rel="noopener">gun rights</a> advocates and supporters.
The payment processors <a href="https://www.dailywire.com/news/visa-to-categorize-sales-at-gun-stores-in-win-for-gun-control-advocates" target="_blank" rel="noopener">announced</a> last year that they would adopt the International Organization for Standardization’s new merchant category code that could be used to better track gun and ammunition purchases from gun stores. The move riled gun rights supporters and provoked Republican lawmakers and attorneys general to take action against the payment processors.
Visa, the world’s largest payment processor, and Mastercard are now pausing adoption of the new code after the stiff opposition and in the face of several states moving forward with legislation that would block such tracking, according to <a href="https://www.bloomberg.com/news/articles/2023-03-09/visa-mastercard-pause-work-on-code-aimed-at-gun-purchases" target="_blank" rel="noopener">Bloomberg</a>.
“There are bills advancing in several states related to the use of this new code. If passed, the result will be an inconsistency in how this ISO standard could be applied by merchants, issuers, acquirers and networks,” a spokesman for Visa told Bloomberg. “It’s for that reason that we have decided to pause work on the implementation of the firearms-specific MCC.”
Second Amendment supporters hailed the announcement as a victory for gun rights.
“Well done, it’s about time. US companies should not be taking orders from international NGOs to target legal industries,” <a href="https://twitter.com/SenatorHagerty/status/1633866528125747209" target="_blank" rel="noopener">said</a> Sen. Bill Hagerty (R-TN). “This politicization of our financial sector must stop.”
Nearly two dozen GOP attorneys general sent a letter to Visa, Mastercard, and American Express in September over plans to adopt the new code and track gun and ammo purchases. The state prosecutors warned the companies that such tracking could be used to infringe on Americans’ Second Amendment rights
“Categorizing the constitutionally protected right to purchase firearms unfairly singles out law-abiding merchants and consumers alike,” the attorneys general <a href="https://www.dailywire.com/news/23-republican-ags-warn-credit-card-companies-to-abandon-plan-to-identify-gun-sales" target="_blank" rel="noopener">wrote</a>. “We will marshal the full scope of our lawful authority to protect our citizens and consumers from unlawful attempts to undermine their constitutional rights.”
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Republicans in Congress <a href="https://www.dailywire.com/news/more-than-100-house-republicans-demand-answers-from-credit-card-giants-categorizing-sales-at-gun-stores" target="_blank" rel="noopener">expressed</a> similar concerns. They said that the new code could be a workaround to creating a gun registry monitored by private corporations instead of by the federal government.
The credit card companies moved to adopt the code after facing pressure from Democrats who said that tracking gun purchases could cut down on mass shootings.
“Credit card companies like @Visa, @Mastercard, and @AmericanExpress can and should do more to help stop mass shootings,” Sen. Elizabeth Warren (D-MA) tweeted on September 6, adding that she is “urging these companies to step up and help identify suspicious purchases to prevent gun violence.”

Gun Store

Visa, Mastercard Suspend Plans To Track Gun Purchases After Blowback

General

Visa

A Trump-appointed judge in <a href="https://www.dailywire.com/topic/new-york" target="_blank" rel="noopener">New York</a> last week blocked a <a href="https://www.dailywire.com/news/breaking-scotus-strikes-down-new-york-concealed-carry-restrictions-restrictions" target="_blank" rel="noopener">gun law</a> from taking effect and took Democrats to task for trying to &#8220;eviscerate the Bill of Rights.&#8221;
U.S. District Judge John Sinatra Jr. <a href="https://www.courthousenews.com/wp-content/uploads/2022/11/wdny-sinatra-opinion-NY-gun-statute.pdf" target="_blank" rel="noopener">issued</a> an injunction blocking a gun law that bars people in New York from bearing arms in places of worship.
“The court reiterates that ample Supreme Court precedent addressing the individuals right to keep and bear arms – from Heller and McDonald to its June 2022 decision in [<a href="https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf">New York State Rifle &amp; Pistol Association Inc. v. Bruen</a>] – dictates that New York’s new place of worship restriction is equally unconstitutional,” Sinatra said, The Daily Caller <a href="https://dailycaller.com/2022/11/06/new-york-gun-law-john-sinatra-jr/" target="_blank" rel="noopener">reported</a>.
“The Constitution and the Bill of Rights are the Status quo – not 2022 legislation on the books for nine weeks,&#8221; the judge continued, taking aim at the Democrat-controlled New York legislature. “Legislative enactments may not eviscerate the Bill of Rights. Every day they do is one too many.”
“The nation’s history does not countenance such an incursion into the right to keep and bear arms across all places of worship across the state,&#8221; Sinatra wrote. &#8220;The right to self defense is no less important and no less recognized at these places.”
The federal judge in October issued a temporary hold on the law, similarly <a href="https://www.lockportjournal.com/news/local_news/judge-issues-injunction-against-ny-gun-control-law/article_4d336f74-5c91-11ed-91b6-cbd3b792802f.html" target="_blank" rel="noopener">writing</a>, &#8220;In Bruen, the Court made the Second Amendment test crystal clear: regulations in this area is permissible only if the government demonstrates that the regulation is consistent with the Nation&#8217;s historical tradition of sufficiently analogous regulations. &#8230; New York fails that test. The State’s exclusion is, instead, inconsistent with the Nation’s historical traditions.”
In its <a href="https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf">New York State Rifle &amp; Pistol Association Inc. v. Bruen</a> decision, the U.S. Supreme Court in June ruled that longtime restrictions New York placed on carrying concealed firearms run in violation of Americans’ Second and 14th Amendment rights, <a href="https://www.dailywire.com/news/breaking-scotus-strikes-down-new-york-concealed-carry-restrictions-restrictions" target="_blank" rel="noopener">The Daily Wire</a> reported.
The case centered on a 1911 New York state law that <a href="https://www.wsj.com/articles/supreme-court-weighs-challenge-to-new-york-states-concealed-weapons-permit-law-11635931800?mod=article_inline">conditioned</a> the right to a concealed carry permit on “good moral character” and “proper cause.” The Supreme Court majority opinion, written by Justice Clarence Thomas, took issue with the latter condition, which unlawfully forced New Yorkers to demonstrate “a special need for self-defense.”
“We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need,&#8221; Thomas wrote. &#8220;That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.&#8221;
“New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms,” the justice added.
Tim Pearce contributed to this report. 
Related: <a href="https://www.dailywire.com/news/federal-judge-blocks-new-yorks-new-concealed-carry-restrictions" target="_blank" rel="noopener">Federal Judge Blocks New York’s New Concealed Carry Restrictions</a>

Woman Holding Gun

Judge Blocks NY Gun Law, Excoriates Democrats Trying To ‘Eviscerate The Bill Of Rights’

Judge Blocks NY Gun Law, Excoriates Legislative Democrats

A <a href="https://www.dailywire.com/topic/second-amendment" target="_blank" rel="noopener">gun rights</a> group filed an amended complaint Wednesday in its lawsuit seeking to lower the age requirement of <a href="https://www.dailywire.com/topic/tennessee" target="_blank" rel="noopener">Tennessee&#8217;s</a> constitutional carry law to adults age 18 and older.
The Firearms Policy Coalition (FPC) <a href="https://www.firearmspolicy.org/fpc-amends-lawsuit-challenging-tennessee-young-adult-carry-ban" target="_blank" rel="noopener">filed</a> an amended complaint in its Tennessee lawsuit after winning a similar case in <a href="https://www.dailywire.com/topic/texas" target="_blank" rel="noopener">Texas</a> last month. FPC sued Tennessee last year after the state passed a law allowing residents age 21 and older to either open or <a href="https://www.dailywire.com/topic/concealed-carry" target="_blank" rel="noopener">concealed carry</a> a handgun without a permit.
“The State cannot carry its burden of proving the existence of ‘a distinctly similar historical regulation’ that burdened the right to bear arms in the same way and for the same reasons,” FPC’s amended <a href="https://assets.nationbuilder.com/firearmspolicycoalition/pages/6079/attachments/original/1662528791/Bassett_v_Slatery_First_Amended_Complaint.pdf?1662528791" target="_blank" rel="noopener">complaint</a> says. “Instead, the relevant historical evidence weighs heavily in favor of upholding the right to carry loaded handguns in public for 18-to-20-year-olds, just the same as for those who are 21 years and older.”
“They are squarely among ‘the people’ for whom the Second Amendment guarantees were created. They were not only allowed to keep and bear arms without any restriction but required to do so during the Founding era that shaped the liberties enshrined in the Amendment,” the complaint says.
On August 25, a federal judge in Texas <a href="https://www.texastribune.org/2022/08/25/federal-court-texas-21-handguns/" target="_blank" rel="noopener">struck down</a> part of a state law barring adults ages 18 to 20 from carrying a handgun without a permit.
“Based on the Second Amendment’s text, as informed by Founding-Era history and tradition, the Court concludes that the Second Amendment protects against this prohibition,” U.S. District Judge Mark Pittman wrote in the <a href="https://static.texastribune.org/media/files/1b5478d53ca94273f608f46c40f581fe/Firearms-Policy-Coalition-v.-McCraw.pdf" target="_blank" rel="noopener">ruling</a>.
FPC Director of Legal Operations Bill Sack cited the Texas ruling in a statement about the updated Tennessee complaint. He said the Tennessee lawsuit gave the court the “opportunity” to apply last year’s Supreme Court decision in New York State Rifle &amp; Pistol Association Inc. v. Bruen appropriately.
“Just two weeks ago in the FPC-led case Andrews v. McCraw, a federal district judge in Texas concluded that the Constitution demands the restoration of the right to bear arms to the young adults of that state,” said FPC Director of Legal Operations Bill Sack. “With today’s filing in Beeler, the Eastern District of Tennessee now has the opportunity to properly apply Bruen and reach the same conclusion.”
In Bruen, the Supreme Court <a href="https://www.dailywire.com/news/breaking-scotus-strikes-down-new-york-concealed-carry-restrictions-restrictions" target="_blank" rel="noopener">struck down</a> a New York law requiring applicants for a permit to carry a handgun to demonstrate that they have a special need for self-defense in addition to other requirements.

Revolvers

Gun Rights Group Amends Lawsuit To Lower Tennessee Constitutional Carry Age To 18+ After Texas Victory

Tennessee

Texas

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