2nd Amendment Facts

Federal Court rules prohibition of interstate handgun sales unconstitutional

Federal Court rules prohibition of interstate handgun sales unconstitutional

A Federal judge ruled the prohibition of interstate handgun sales is unconstitutional. At issue in the case, Mance v. Holder, is a federal requirement under the 1968 Gun Control Act (GCA) that prohibits interstate handgun transfers to citizens who are not residents of the state in which the transaction occurs. Rifles and shotguns may be legally transferred to non-state residents, but not handguns. The plaintiffs argued that the federal interstate handgun ban makes no sense in the advent of the National Instant Check System (NICS), a federal background check system administered by the FBI that is required under the 1993 Brady Bill, which amended the 1968 GCA. The plaintiffs argued the federal interstate handgun ban places an undue burden on a citizen’s right to exercise the Second Amendment and sued the government (U.S. Attorney General Eric Holder is the defendant in the case). U.S. District Court Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division agreed with the plaintiffs; the court found the federal interstate handgun ban violates both the Second Amendment and the Due Process clause of the Fifth Amendment. The decision could have far-reaching ramifications. Background These are the facts of the case: the plaintiffs, the Hansons, a husband and wife who reside in Washington, D.C., wished to buy two handguns from Mance, a Federal Firearms Licensed (FFL) dealer while in Texas. They were legally able to possess the firearms, and the sale would have been perfectly legal in both Texas and D.C.. The sale requires a background check through the NICS system at the point of sale – Texas in this case. However,... read more
The Second Amendment Right Extends Outside The Home, Pt 2

The Second Amendment Right Extends Outside The Home, Pt 2

The Second Amendment right extends outside the home. In part one, we examined five lawful purposes protected by the Second Amendment as laid out by the supreme Court in the landmark case, D.C. v Heller. Here in part two we take a look at further evidence that demonstrates the right of the people to keep and bear arms extends outside of the home. In part one, we saw that the Court ruled the D.C. handgun ban violated one of many lawful purposes – plural – of the Second Amendment, “such as self-defense within the home” (emphasis added). We see further the Court lists at least five lawful purposes – hunting, militia duty, repelling a foreign invader, suppressing insurrection, and resisting tyranny – that involve or require activity outside of the home. We can conclude from this that the right to keep and bear arms cannot be restricted to simply keeping a gun in the home. Here in part two, we expand upon the core lawful purpose, which the Court specified in Heller is self-defense: “the inherent right of self-defense has been central to the Second Amendment right” (p.56). If one gets anything from the Heller decision, this must be it. The Court reiterated this finding in McDonald v Chicago in 2010, stating: “Two years ago, in District of Columbia v. Heller, this Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense” (Syllabus, p.1). Self-defense can – and often does – involve a person outside of their home. Skeptics rely on reading into the Courts decision a limitation that the... read more

Guns Save Lives

Homeowner fends off three criminals in home invasion in Santa Rosa, CA

Homeowner fends off three criminals in home invasion in Santa Rosa, CA

February 23, 2015, SANTA ROSA, Calif. — Another instance where an armed good guy with a gun defended their own life from multiple bad guys. One of the criminals died, another was shot and injured and in custody at a local Santa Rosa, CA hospital, and a third apprehended. The story from local 4 KRON news in Santa Rosa: One suspect is dead and two others are in custody after a gun battle in Santa Rosa Monday morning, police said. Police say officers were called to a home on Acacia Lane at 12:49 a.m. after hearing reports of a home invasion robbery.  According to the victim, three armed men tried to force their way into the home.  The victim then fired several shots at the suspects, hitting two of them. The men then got into a car and fled the scene. About an hour later, Sonoma County Sherrif’s deputies found the car that matched the suspect’s vehicle description at the Kaiser Hospital parking lot in Santa Rosa. According to authorities, deputies tired to conduct a high risk felony stop on the car.  When the suspects refused to get out of the car, deputies deployed 40 mm chemical agent rounds into the vehicle. When deputies approached the car, they found that two of the suspects were suffering from gunshot wounds. One of the the suspects was pronounced dead at the scene, and the other was transported to the hospital.  There is no word on the condition of the suspect. A third suspect was arrested and taken into custody. The incident remains under investigation. Contrary to Bloomberg paid mouth-pieces like Shannon Watts... read more

Gun Control Facts

Homicides Worse in Gun Control Chicago Than All U.S. Soldiers Killed in Afghanistan or Iraq

Homicides Worse in Gun Control Chicago Than All U.S. Soldiers Killed in Afghanistan or Iraq

More people were murdered in strict gun-control Chicago from 2001 to 2013 than the total number of U.S. military killed in Afghanistan since 2001 or killed in Iraq since 2003. Gun control advocates would have us believe that ‘tougher laws’ or fewer guns would lead to fewer deaths. We do a sewer-to-household comparsion, and find that – contrary to conventional wisdom – the household is far less sanitary.

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News

Texas Approves Open Carry And Campus Carry

Texas Approves Open Carry And Campus Carry

AUSTIN — The Texas State legislature has passed open carry and campus carry in Texas. The Senate gave its final approval to open carry, voting 20-10 in favor for a bill that allows licensed gun permit holders to openly carry handguns. Texas currently recognizes the concealed handgun licenses issued in more than 40 states, and license holders from those states will be allowed to openly carry in Texas once it becomes law. The Senate also approved legislation requiring the state’s public universities to allow handguns in dorms, classrooms and campus buildings. The campus carry bill only allows concealed handgun license holders to carry their firearms on campus, and private universities would be allowed to opt out. Other places where concealed carry is currently not authorized remains the same. Texas has about 850,000 concealed handgun license holders, a number that has increased sharply in recent years. An amendment – the so-called Dutton Amendment – was removed by the Committee Conference. The amendment would have prohibited police officers from stopping someone solely because they are openly carrying a handgun. However, some legislators argued earlier this week that court rulings already prohibit such investigatory stops. Texas’ prohibition on openly carrying handguns dates to the post-Civil War era, and was aimed at disarming former Confederate soldiers as well as freed slaves. Gun rights advocates have argued open carry is about personal protection, though anti-gun rights groups, like Moms Demand Action, have claimed open carrying of handguns is about intimidation. Prior to Texas passing this bill, open carry was already legal in 44 states where intimidation by open carriers is not an issue. OpenCarry.org lists... read more

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