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☆ California Ammunition Background Check Law Can Remain in Effect, Court Rules
▼ + stars: | 2024-02-05 | by ( Feb. | At P.M. | ) www.usnews.com time to read: +3 min

Circuit Judge Consuelo Callahan, another Bush appointee, dissented, saying the state had not shown a likelihood of success on appeal. Plaintiffs challenging the law in court included Kim Rhode, who has won three Olympic gold medals in shooting events, and the California Rifle & Pistol Association. California voters had in 2016 approved a ballot measure requiring gun owners to undergo initial background checks to buy ammunition, and pay $50 for a four-year ammunition permit. Legislators amended the measure to require background checks for each ammunition purchase, starting in 2019. Benitez in his decision rejected California's reliance on dozens of laws dating back to 1789 as "historical analogues" for ammunition checks and said the law had "no historical pedigree."

Persons: Richard Clifton, Nate Raymond, Roger Benitez, Benitez, George W, Bush, Holly Thomas, Joe Biden, Consuelo Callahan, Rob Bonta, Kim Rhode, Chuck Michel, Benitez's Jan, Miral Fahmy Organizations: Reuters, Circuit, U.S, District, Democratic, Republican, Democrat, Plaintiffs, California, New York Locations: California, San Diego, New, Boston

☆ Takeaways from the Supreme Court oral arguments on the Second Amendment and domestic violence
▼ + stars: | 2023-11-07 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +8 min

CNN —The Supreme Court seemed poised Tuesday after oral arguments to rule in favor of a federal law that bars individuals subject to certain domestic violence restraining orders from possessing firearms. Barrett noted that domestic violence is “dangerous.” But looking to the next case she asked about “more marginal cases” that might not offend the constitution. Thomas referred to the “thin record” in the case and wondered about the fact that the domestic violence allegations had been made in a civil – not a criminal – proceeding. Due process was central to a friend of the court brief filed by the NRA in the case. “I’m just trying to understand how the Bruen test works in a situation in which there is at least some evidence that domestic violence was not considered to be subject to the kinds of regulation that it is today,” she said.

Persons: Elizabeth Prelogar, ”, John Roberts, Zackey Rahimi, Prelogar, Clarence Thomas, Thomas, ” Roberts, Roberts, –, “, Amy Coney Barrett Long, Amy Coney Barrett, Barrett, ” Barrett, Alito, Rahimi, Samuel Alito, J, Matthew Wright —, Neil Gorsuch, hadn’t, Ketanji Brown Jackson, “ I’m, Jackson, White, Elena Kagan, ” Kagan Organizations: CNN, New York, Inc, ACLU, National Rifle Association, NRA Locations: Maine, Wisconsin, Bruen

Hunter Biden, son of U.S. President Joe Biden, departs federal court after a plea hearing on two misdemeanor charges of willfully failing to pay income taxes in Wilmington, Delaware, U.S. July 26, 2023. The indictment was secured in September by Special Counsel David Weiss after a plea agreement between Hunter Biden and prosecutors collapsed in August. Many Republican lawmakers who have relentlessly criticized Hunter Biden lauded the Bruen decision. Cases now being litigated will help determine how far the Bruen ruling lets courts go in invalidating gun laws. Even if Hunter Biden gets the possession charge dismissed, there is still the matter of the two counts accusing him of false statements on the background check form.

Persons: Hunter Biden, Joe Biden, Jonathan Ernst, Joe Biden's, Bruen, David Weiss, Abbe Lowell, Biden, Maryellen Noreika, Lowell, Adam Winkler, Andrew Willinger, Hunter, Eric Ruben, Andrew Goudsward, Nate Raymond, Will Dunham, Scott Malone Organizations: REUTERS, Rights, Supreme, New York, U.S, District, Reuters, Mr, Democratic, Republican, UCLA, Duke University's Center, Firearms Law, Circuit, Appeals, Southern Methodist University, Thomson Locations: Wilmington , Delaware, U.S, Delaware, United States, New Orleans, Atlanta, Florida, Texas, Washington, Boston

☆ California enacts first state tax on guns, ammunition in US
▼ + stars: | 2023-09-27 | by ( Steve Gorman | ) www.reuters.com time to read: +3 min

[1/4] A sign forbidding customers to bring guns inside is seen at the entry of a Whole Foods supermarket in Los Angeles, California, U.S., June 13, 2022. The California excise tax, due to go into effect in July 2024, will essentially add an 11% levy on top of the existing federal excise gun and ammo tax, a rate of 10 or 11%, depending on the type of weapon. Newsom's office said his action on gun safety also came in "the wake of shootings across the country that have left at least 104 people dead over the past 74 hours." "While radical judges continue to strip away our ability to keep people safe, California will keep fighting - because gun safety laws work," Newsom, a Democrat, said in a statement. The California excise tax would be collected on the gross receipts of manufacturers, retailers and dealers derived from gun and bullet sales in the state.

Persons: Lucy Nicholson, Gavin Newsom, Newsom, Steve Gorman, Michael Perry Organizations: Foods, REUTERS, Democratic, California, Association, Thomson Locations: Los Angeles , California, U.S, California, Los Angeles

Customers shop for handguns at the Des Moines Fairgrounds Gun Show at the Iowa State Fairgrounds in Des Moines, Iowa, U.S. March 11, 2023. REUTERS/Jonathan Ernst/File PhotoAug 9 (Reuters) - A federal appeals court on Wednesday ruled that a decades-old law prohibiting users of illegal drugs from owning firearms was unconstitutional as applied to the case of a marijuana user, the latest fallout from a U.S. Supreme Court ruling last year that expanded gun rights. Circuit Court of Appeals concluded that the federal law violated a Mississippi man's right to "keep and bear arms" under the U.S. Constitution's Second Amendment. The U.S. Drug Enforcement Administration did not administer a drug test, though Daniels admitted he sometimes smoked marijuana, which federal law prohibits. While his case was pending, the conservative-majority Supreme Court in June 2022 declared for the first time that the Second Amendment protects an individual's right to carry a handgun in public for self-defense.

Persons: Jonathan Ernst, Patrick Daniels, Daniels, Jerry Smith, Ronald Reagan, Stephen Higginson, Barack Obama, Nate Raymond, Shri Navaratnam Organizations: Des Moines, Iowa State Fairgrounds, REUTERS, U.S, Supreme, Circuit, Appeals, U.S . Drug, Administration, New York, Thomson Locations: Des Moines , Iowa, U.S, New Orleans, Mississippi, Boston

Aug 9 (Reuters) - A federal judge has blocked the state of Hawaii from enforcing a recently enacted ban on firearms on its prized beaches and in other areas including banks, bars and parks, citing last year's landmark U.S. Supreme Court ruling expanding gun rights. The measure was challenged by three Hawaii residents and the gun rights group Hawaii Firearms Coalition, who called the prohibitions unconstitutional. Hawaii Attorney General Anne Lopez's office argued the law was consistent with historical gun regulations and served a state interest in protecting public safety, including on crowded beaches where children and families congregate. But while Kobayashi acknowledged the important role beaches play in Hawaii's economy, "the state does not provide any evidence that this nation has a historical tradition of regulating or prohibiting the carrying of firearms on beaches." Alan Beck, a lawyer for the plaintiffs, hailed the judge's temporary restraining order, saying Kobayashi "faithfully applied Supreme Court precedent and came to the correct result."

Persons: Leslie Kobayashi, Bruen, Josh Green, Anne Lopez's, Kobayashi, Barack Obama, Alan Beck, Lopez, Nate Raymond, Jonathan Oatis Organizations: Supreme, U.S, New York, Democratic, Hawaii Firearms Coalition, Thomson Locations: Hawaii, Honolulu, Boston

☆ Supreme Court revives federal ghost gun restrictions; Roberts and Barrett join liberals
▼ + stars: | 2023-08-08 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +4 min

CNN —The Supreme Court on Tuesday agreed to freeze a lower court order that bars the government from regulating so-called ghost guns – untraceable homemade weapons – as firearms under federal law. Ghost guns are kits that a user can buy online to assemble a fully functional firearm. The rule does not prohibit the sale or possession of any ghost gun kit, nor does it block an individual from purchasing such a kit. A federal appeals court declined to put on hold two key challenged provisions of the regulation. A handful of retailers of ghost gun kits as well as a gun rights’ group also challenged the rule.

Persons: Biden, John Roberts, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Judge Reed O’Connor, Elizabeth Prelogar, ” Prelogar, ” David Thompson, O’Connor, ” O’Connor Organizations: CNN, Alcohol, Tobacco, Firearms, Explosives, United States, Court, Northern, Northern District of, Supreme, ” “, ATF, Control Locations: Northern District, Northern District of Texas, Texas

The court's conservative majority has taken an expansive view of Second Amendment rights in a nation facing persistent gun violence including mass shootings. The court has widened gun rights in three major rulings since 2008. "The stakes are high for those experiencing domestic violence if violent partners can legally possess firearms," Lungwitz said. The National Rifle Association, an influential gun rights group, did not respond to a request for comment. "By removing those kinds of considerations, it makes constitutional law - and Second Amendment law, in particular - even more removed from the way that ordinary citizens think about constitutional protections."

Persons: Joe Biden's, Zackey Rahimi, Rahimi, Janet Carter, Bruen, James Ho, Donald Trump, Elizabeth Prelogar, Lungwitz, Jacob Charles, Charles, John Kruzel, Will Dunham, Scott Malone Organizations: U.S, Supreme, New York, Circuit, Appeals, Republican, University of Texas School, Law's, Violence, Democratic, National Rifle Association, Pepperdine University Caruso School of, Thomson Locations: WASHINGTON, Texas, New York, New Orleans

☆ Opinion | How to Stave Off Constitutional Extinction
▼ + stars: | 2023-07-01 | by ( Jill Lepore | ) www.nytimes.com time to read: +5 min

From the very start, Americans proposed amendments. The U.S. Constitution was itself an act of amendment, written in 1787 because the Articles of Confederation were technically amendable but, for all practical purposes, not. What would be the national disgrace if … a vile Negro should come to rule over us?” These possibilities were, to Brackenridge, absurd. The rejected Supreme Court nominee Robert Bork once explained how originalists think about the Constitution and the historical record. Mecom’s biblical plea for nonviolence, for beating swords into plowshares, can be read as the constitutional preference of a constituency — women — unrepresented at the convention.

Persons: Lemuel Haynes, “, George Mason, Hugh Henry Brackenridge, Brackenridge, Robert Bork, George Washington, Martha, ” Bork, George, Jane Franklin Mecom, Benjamin Franklin, ”, — unrepresented Organizations: Continental Army, Massachusetts, Constitution, United, New York State Locations: Independence, Massachusetts, U.S, Philadelphia, Virginia, United States, New

☆ US Supreme Court to weigh legality of domestic-violence gun curbs
▼ + stars: | 2023-06-30 | by ( John Kruzel | Industry Insight | Corporate Attorneys Don T Want To Pay Law Firms For Chatgpt When They Could Use It Themselves | ) www.reuters.com time to read: +4 min

The case involves a Texas man charged with illegal gun possession while subject to a domestic violence restraining order after assaulting his girlfriend. The 1994 law at issue in the current case prohibited a person subject to a domestic violence restraining order from possessing a firearm. Circuit Court of Appeals in February declaring the law unconstitutional in a ruling that applied to Texas, Louisiana and Mississippi. Solicitor General Elizabeth Prelogar told the Supreme Court on behalf of Biden's administration that the 5th Circuit's ruling was "profoundly mistaken." Twenty-three states, mostly Democratic-led, urged the Supreme Court to hear the dispute, as did groups advocating for the prevention of gun violence and domestic abuse.

Persons: Joe Biden's, Zackey, Rahimi, Elizabeth Prelogar, Prelogar, John Kruzel, Will Dunham Organizations: U.S, Supreme, New York, New, Circuit, Appeals, Democratic, Thomson Locations: Texas, United States, New York, Kennedale, Arlington , Texas, New Orleans, Texas , Louisiana, Mississippi

☆ Texas tragedy: One weekend spotlights two distinctly American political fissures
▼ + stars: | 2023-05-08 | by ( Stephen Collinson | ) edition.cnn.com time to read: +9 min

CNN —The national season of violence deepened with a weekend of tragedy in Texas that hit two of the rawest political divides, guns and immigration. It was the latest in a string of mass shootings in Texas and across the country that have killed many innocent people but have brought no action to end the cycle of loss. Then, on Sunday, a driver slammed into a group of migrants waiting at a bus stop outside a shelter in the Texas border town of Brownsville. But as in the case of mass shootings, there is little chance that the nation’s polarized politics will ease in order to offer the space for meaningful resolution. The latest mass shooting in Texas came after a spree of such killings in schools, supermarkets, at community parades, a bank and places of worship nationwide.

☆ Missouri officials refuse to work with the Bureau of Alcohol, Tobacco and Firearms, saying all federal 'so-called' gun laws are unconstitutional
▼ + stars: | 2023-04-09 | by ( Katie Balevic | ) www.businessinsider.com time to read: +3 min

Officials in Camden County, Missouri are refusing to cooperate with the ATF, according to local reports. Officials cited a since-struck-down state law that kept police from enforcing federal gun laws. Six top elected officials in Camden County signed a letter to the ATF saying as much, according to NPR affiliate KCUR 89.3. Last month, a federal judge struck down the 2021 law, which prohibited local police from enforcing federal gun laws, calling it "invalid, null, void, and of no effect." "Any and all federal firearms laws, so-called laws, in my opinion, and many others' opinion, are unconstitutional," Skelton told KCUR.

WASHINGTON, March 18 (Reuters) - The U.S. Justice Department has asked the Supreme Court to allow a federal law stand that makes it a crime for people under domestic violence restraining orders to own firearms. It was the latest victory for gun rights advocates since a Supreme Court ruling last June granting a broad right for people to carry firearms outside the home. The Justice Department's petition to appeal the matter to the Supreme Court was posted on Twitter late on Friday by Jake Charles, a law professor at Pepperdine University with expertise on gun control issues. The Justice Department said it was pursuing the Supreme Court appeal on a "highly expedited schedule" so the justices could potentially take up the case before the current term ends. Neither the Justice Department, nor the federal public defender representing Rahimi immediately responded to requests for comment.

☆ Alec Baldwin pleads not guilty to involuntary manslaughter in 'Rust' shooting
▼ + stars: | 2023-02-23 | by ( ) www.reuters.com time to read: +1 min

Feb 23 (Reuters) - Actor Alec Baldwin entered a not guilty plea on Thursday to a charge of involuntary manslaughter stemming from a fatal shooting on the New Mexico set of the film "Rust," court documents show. Baldwin made the plea while exercising his right to waive a first court appearance that was set for Friday, according to a court filing. New Mexico First Judicial District Attorney Mary Carmack-Altwies in January charged Baldwin and the movie's set armorer, Hannah Gutierrez-Reed, with two counts of involuntary manslaughter for the 2021 death of cinematographer Halyna Hutchins. First assistant director Dave Halls also plead not guilty in a Thursday court filing in which he waived a Feb. 24 first court appearance. Baldwin and Gutierrez-Reed now faces a maximum of 18 months in prison if convicted.

Feb 4 (Reuters) - A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year's U.S. Supreme Court ruling that significantly expanded gun rights. "The mere use of marijuana carries none of the characteristics that the Nation's history and tradition of firearms regulation supports," Wyrick wrote. She called marijuana the most commonly used drug illegal at the federal level. Circuit Court of Appeals cited that decision in declaring unconstitutional a federal law barring people under domestic violence restraining orders from owning firearms. Reporting by Nate Raymond in Boston; Editing by Sandra MalerOur Standards: The Thomson Reuters Trust Principles.

☆ People under domestic violence orders can own guns -U.S. appeals court rules
▼ + stars: | 2023-02-02 | by ( Jonathan Stempel | ) www.reuters.com time to read: +2 min

Feb 2 (Reuters) - A U.S. appeals court on Thursday declared unconstitutional a federal law making it a crime for people under domestic violence restraining orders to own firearms. Circuit Court of Appeals is the latest victory for gun rights advocates since a Supreme Court decision last June granting a broad right for people to carry firearms outside the home. In Thursday's decision, Circuit Judge Cory Wilson said banning people under domestic violence restraining orders from owning firearms "embodies salutory policy goals meant to protect vulnerable people in our society." Rahimi had been under a restraining order since Feb. 2020, following his alleged assault of a former girlfriend. It had upheld the federal law last June 8, just over two weeks before the Bruen decision, but withdrew its opinion and ordered additional briefing.

☆ Brazil’s New President Reverses His Predecessor’s Loosened Gun Laws
▼ + stars: | 2023-01-03 | by ( Samantha Pearson | Luciana Magalhaes | ) www.wsj.com time to read: 1 min

A shooting club in São Paulo. Many Brazilians say they should be allowed to possess firearms in the face of violence by heavily-armed criminal gangs. BRASÍLIA—In his first hours as Brazil’s new president, Luiz Inácio Lula da Silva issued sweeping changes to tighten the country’s firearms laws and reverse looser rules imposed by his predecessor, Jair Bolsonaro , that prompted a million new gun registrations since 2019. A presidential decree, which took effect Monday, suspends new registrations of guns for hunting and sport as the leftist government works to rewrite the country’s 20-year-old gun laws. The decree forbids owners from transporting loaded weapons, suspends new applications for gun clubs and reduces the number of firearms permitted per individual from six to three.

☆ Police Seize Weapons in Far-Right German Coup-Plot Investigation
▼ + stars: | 2022-12-08 | by ( Bojan Pancevski | ) www.wsj.com time to read: 1 min

BERLIN—Investigators found weapons in a third of the 150 properties they raided as part of the crackdown on a suspected far-right terrorist cell that German security officials say could prompt more arrests. Some of the weapons, ranging from slingshots and crossbows to pistols and rifles, were legally registered, while others had been kept illegally, these officials said. Ammunition was also secured in some cases. Germany has restrictive firearms laws that require holders of most weapons to obtain permits.

☆ Cops on Brazil's campaign trail call for backup as violence spikes
▼ + stars: | 2022-09-27 | by ( Gabriel Stargardter | ) www.reuters.com time to read: +10 min

They asked the top Federal Police officers in each state to reinforce Lula campaign events with bulletproof cars, tactical teams, drones and intelligence reports. Some of them have responded by stockpiling guns and lashing out at leftists during a tense campaign marred by high-profile cases of violence. Ten years of troubles have resulted in stark political polarization - embodied by Lula and Bolsonaro - that has become increasingly menacing on the campaign trail. BOLSONARO STRONGHOLDSThe Federal Police have also sought to open two other criminal probes over threats to Lula, according to the source. Lula has just 27% support in Santa Catarina, against 49% for Bolsonaro, according to the latest survey by pollster Ipec.

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