• Category Archives Legal
  • Bang! Payday for man suing cops over his LEGAL Open Carry of guns

    A man who sued police in Colorado Springs, Colo., for violating his Second Amendment rights has reportedly won more than $23,000 from the city, as local officers apparently did not know it was legal to “open carry” firearms at public parks.

    The saga of James Sorensen began in July 2012 at a homosexual-pride festival, just one day after the shooting at a movie theater in Aurora, Colo., that left 12 people dead and 70 others injured.

    He was openly sporting a handgun on his hip, which prompted police to take him into custody.

    Read More…


  • Dick Heller challenges D.C.’s gun registration scheme, files for quick ruling in Heller II

    The District of Columbia will do anything to stop law-abiding people from owning firearms to defend themselves.

    The Supreme Court ruled in 2008 that D.C.’s 30-year handgun ban was unconstitutional in the landmark District of Columbia v. Heller decision. In response, Washington’s city council put in place the most onerous gun registration requirement in the country.

    So Dick Heller is taking D.C. to court again in a case known as “Heller II.”

    Heller told me in a phone interview Tuesday that, “The city collected every gun restriction they could find from every other state and gave them to us as thumbtacks on the road for our march to Second Amendment freedom.”

    He is the lead plaintiff of five District residents who state that their constitutional rights are being infringed by the registration requirements. The city claims the process is necessary for “to protect police officers and to aid in crime control.”

    On Tuesday evening, the plaintiffs’ attorneys, Stephen Halbrook and Dan Peterson filed a motion in U.S. District Court for the District of Columbia asking Judge James Boasberg for summary judgment. The also asked for denial of the city’s request for summary judgment last month.


  • Libtard NYC Judge – I Convicted A White Man of Murder Because of My Own “Reverse Racism”

    My reverse racism made me convict white ‘killer’

    Retired Brooklyn Supreme Court Judge Frank Barbaro wants a white man he convicted in 1999 of killing a black man to be freed — claiming Wednesday he based the verdict on his own reverse racism. The 86-year-old former jurist convicted Donald Kagan, now 39, of fatally shooting Wavell Wint, 22, during a struggle over Kagan’s chain outside an East New York movie theater in 1998.

    But Barbaro told a court that, because of his viewpoint as a civil-rights activist, he didn’t consider a justification defense by Kagan in the nonjury trial.

    “Mr. Kagan had no intent to kill that man . . . I believe now that I was seeing this young white fellow as a bigot, as someone who assassinated an African-American,” Barbaro, a former longshoreman who also served 23 years in the state Assembly, told Brooklyn Supreme Court Justice ShawnDya Simpson.

    Barbaro said he contacted Kagan’s attorneys after some deep soul-searching led him to realize he had denied Kagan a fair trial.

    Read More…


  • Court Rules Florida Universities Can’t Ban Guns on Campus (Big Win for Our Side)

    State universities would be blocked from regulating guns on campus under a potentially far-reaching ruling handed down Tuesday by a Florida appeals court.

    The 1st District Court of Appeal – in a rare opinion decided by the entire appeals court – sided with a University of North Florida student and a gun rights group that challenged a university rule banning students on campus from storing guns in their cars.

    In a lengthy decision that prompted a strong dissent as well as multiple concurring opinions, the appeals court ruled that the Florida Legislature has pre-empted the regulation of guns by local governments and state agencies.

    The court decided the state’s 12 public universities are covered by this 2011 law. The ruling notes that while universities have the power to restrict lawful conduct – like drinking or smoking on campus – that power does not extend to regulating guns.

    “Restricting recreational activities is a far cry from restricting a fundamental, constitutional right to keep and bear arms for self-defense,” wrote Judge Clay Roberts whose opinion was supported by the majority of the 15 judges who serve in the court.

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  • NYS Lawmakers Roll Out Measure To Tax, Legalize Marijuana

    A New York State lawmaker outlined her proposal Thursday to raise revenue by making marijuana legal.

    State Sen. Liz Krueger’s measure — the Marijuana Regulation and Taxation Act — would legalize, regulate and tax marijuana under state law.

    “It will take the market in marijuana away from the criminal enterprises, just as happened when alcohol prohibition was ended,” she said at a City Hall press conference.

    Krueger, a Democrat from Manhattan, said her bill would bring in hundreds of millions of dollars in revenue for the state. New York State Assembly Health Committee Chairman Richard Gottfried (D-Manhattan) signed onto the measure.

    “It would establish an excise tax of $50 an ounce of marijuana and authorize localities to charge a sales tax on retail sales if they wish to,” Krueger said.

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  • School drops sexual harassment claim against 6-year-old who kissed girl (Pussification)

    Watch this video

    Amid a tidal wave of negative publicity, a Colorado school system has let a 6-year-old boy return to school and said it won’t classify his kissing a girl on the hand as sexual harassment.

    The story of first-grader Hunter Yelton made national news and spurred outrage this week after word spread that his school near Colorado Springs suspended him for the kiss and accused him of sexually harassing the girl.

    On Wednesday night, CNN affiliate KRDO reported that Canon City Schools Superintendent Robin Gooldy met with Hunter’s parents. The superintendent then changed Hunter’s disciplinary offense from “sexual harassment” to “misconduct.”

    The boy has also returned to school at the Lincoln School of Science & Technology.

    The boy’s mother, Jennifer Saunders, told KRDO the whole thing stemmed from an innocent crush Hunter had on a girl in the class. He kissed her on the hand during reading group. That landed him a two-day suspension from school and an entry of sexual harassment in his school files.

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  • Felon gets 9 months for trying to illegally buy gun at gun show (so much for that oft talked about “loophole”)

    Lamont Reaves, 27 (Henrico Police)

    Last week, 27-year-old Lamont Reaves was sentenced to two years in prison for trying to buy a gun in Richmond, Virginia, at a gun show. The New York man pleaded guilty to attempting to make an illegally purchase of a firearm on July 7. One Richmond based news agency says the incident is “being touted as a key example of the cooperation between licensed firearm dealers and police in stopping prohibited gun sales.”

    Reaves is a felon with a record for a felony crack cocaine offense as well as previous gun related charges. He is prohibited from legally purchasing a firearm for this reason but at the Virginia gun show attempted to do so. However, the dealers he attempted to buy from alerted authorities to his suspicious behavior and would not sell to him. Witnesses say the felon went from table to table trying to buy a firearm without a background check. The federally licensed firearms dealers refused to sell to him and called Virginia state trooper D.M. Sottile who works with the dealers during gun shows.

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  • Family files lawsuit against REMINGTON in teen’s death (CLAIM MODEL 700 DEFECTIVE)

    The family of a Charlotte teenager who was shot and killed outside a Chadbourn home in December 2011 has filed a lawsuit against the manufacturer of the weapon.

    Jasmin Thar, 16, died after being shot Dec. 23, 2011, while standing outside a relative’s home. Two other women were injured by the same bullet.

    The lawsuit was filed Monday in Mecklenburg County Superior Court. It is seeking damages from Remington, the maker of the Model 700 rifle that fired from inside a neighbor’s home, killing the teenager.

    Plaintiffs in the lawsuit are Thar’s mother, Carletta McNeil of Charlotte; her aunt, Treka McMillian of Jackson County; and Jahmesha McMillian of Chadbourn, who was Jasmin’s cousin.

    Efforts to contact a corporate spokesman for Remington were not successful Monday.

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  • Zimmerman ex-girlfriend recants gun assault accusation (Wants Him Back!)

    Zimmerman ex-girlfriend recants gun assault accusation

    The woman who told police that George Zimmerman pointed a gun at her face has recanted her story and is now saying “I want to be with George,” according to a court affidavit published by the Orlando Sentinel.

    Last month, Samantha Scheibe called 911 to report that Zimmerman had pointed a shotgun at her face during a domestic disturbance sparked after she asked the former neighborhood watchman to move out of her house.

    The 911 call from last month’s incident captures Scheibe yelling at Zimmerman, “You point your gun at my fricking face.” Scheibe said that Zimmerman also pushed her out of her residence and was smashing her belongings during the argument. Zimmerman claimed that Scheibe started the fight and denied pointing a weapon at her.


  • Federal Judge Says California ‘Waiting Period’ Gun Laws Are Likely Unconstitutional

    Guns on sale / AP

    Senior Federal District Court Judge Anthony W. Ishii on Monday denied California Attorney General Kamal Harris’ arguments in a federal civil lawsuit, indicating that California’s 10-day “waiting period” laws are likely unconstitutional.

    The 10-day waiting period law means that gun purchasers in California must wait a minimum of ten days before they can take possession of the purchased guns.

    Read More…


  • West Virginia Leads 27 States,Territories in Supreme Court Brief Supporting Citizens’ Rights to Buy, Sell Guns!

    West Virginia / Attorney General State Seal
    STATE OF WEST VIRGINIA
    OFFICE OF THE ATTORNEY GENERAL
    PATRICK MORRISEY
    Phone: 304-558-2021
    Email: communications@wvago.gov
    Press Release

     

    Attorney General Patrick Morrisey today announced that West Virginia and 25 other states and one territory have filed an amicus, or friend of the court, brief with the U.S. Supreme Court opposing a federal government attempt to prosecute legal gun owners who wish to sell a weapon to another person who can legally own and purchase firearms.

    “Our Office is proud to lead a bipartisan group of 27 states and territories in this brief to oppose the U.S. Department of Justice’s attempt to unilaterally create a federal restriction on firearm sales between law-abiding citizens,” Attorney General Morrisey said. “We believe that every legal gun owner in this state and nation should be interested in the outcome of this case.”

    The case, Abramski v. United States of America, challenges whether federal law prohibits citizens who legally buy a firearm from a licensed dealer with the intention of then selling that gun to another private citizen who also may legally own and purchase firearms. The Obama administration argues that the citizen who buys and then sells the gun is acting as a “straw purchaser,” which they claim is illegal under several federal statutes.

    The States, however, argue that Congress has never passed a federal law that prohibits such purchases. At most, the laws relied on by the United States prohibit private citizens from selling guns to people who are prohibited from owning firearms, such as minors, convicted felons, or people who have been diagnosed as having mental illnesses. It is up to the States and their citizens to decide whether to implement additional regulations on private gun sales.

    West Virginia is joined in this brief by attorneys general representing Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Guam, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and Wyoming.

    “This case is important to West Virginia citizens who wish to practice their Second Amendment rights and sell firearms to other legal West Virginia gun owners,” Morrisey said. “The State of West Virginia does not discourage private gun sales, but the Department of Justice wants to ensnare innocent West Virginian gun owners in a web of criminal laws if they try to sell their guns. This federal overreach is a blatant attempt to overstep state regulations and Congress in order to steer more gun sales to federally licensed dealers, who then make federal records of every transaction.”

    The states’ amicus brief is in support of a former Roanoke, Va., police officer, Bruce Abramski, who purchased a gun in 2009 using a law enforcement discount and sold it to his elderly uncle, who lived in Pennsylvania. Both Abramski and his uncle could legally own firearms and made the transaction in accordance with Pennsylvania gun laws, including a background check of the purchaser. However, federal authorities prosecuted Abramski on the grounds that he made false statements on the gun purchase form.

    In January 2013, the U.S. Court of Appeals for the Fourth Circuit upheld Abramski’s conviction, saying that such “straw purchases” are illegal under federal law. In October, the Supreme Court agreed to review the conviction.

    “Our Office is very concerned about the federal government’s targeting of law-abiding gun buyers,” Morrisey said. “The federal government is attempting to circumvent Congress and set aside state regulations that don’t prevent private gun sales, and instead make sure there is a federal record of every gun bought or sold in the United States. While no one wants guns to end up in the hands of a potential or real criminal, the administration’s interpretation oversteps the law and could make criminals out of innocent citizens.”

    Oral arguments are scheduled for Jan. 22, 2014, with a decision to come by the end of the court’s session in June.

    To read the amicus brief in PDF go to http://www.wvago.gov/pdf/12-1493tsacWestVirginia%20Abramski%20V%20US.pdf


  • How Do You Charge an Unarmed Man with Shooting People? Get the NYPD Involved!

    In September, New York Police officers responded to an emotionally disturbed man causing a ruckus at a Times Square bus terminal by opening fire on him while they were surrounded by crowds and traffic. They missed him and hit two innocent bystanders (one of whom was in a walker).

    Police said at the time they thought the man, Glenn Broadnax, was reaching for a gun, but he turned out to be unarmed. Even though Broadnax was not armed, an indictment unsealed Wednesday is charging him with assault for the injuries caused by police gunfire.

    Read More…


  • NFL hypocrisy — Bloomberg anti-gun ads ok but ad about 2A ‘protections’ is banned?

    New York City Mayor and gun control advocate Michael Bloomberg sure knows how to get his way.

    This week the NFL, after featuring anti-gun ads during the last two Super Bowls, it decided that an ad offering the opposite point of view in the upcoming Super Bowl XLVIII on February 2 was just too much.

    The NFL turned down an ad from a company called “Daniel Defense” which sells guns and outdoor gear that discussed “personal protection and fundamental rights.” It featured a former Marine talking his family’s safety, noting that he is ultimately responsible for their protection.

    Unlike Bloomberg’s ads, the “Daniel Defense” ad never even mentions the word “gun,” just the concept of personal protection.

    The very end of the initial version of the ad did show the company’s logo, a picture of a gun. But this wasn’t the stumbling block, as the company told the NFL that it would happily to remove the logo and replace it with a picture of an American flag.

    Still the NFL found that unacceptable.

    Read More…


  • The Three Most Important Ongoing Second Amendment Cases

    Since the 2010 Supreme Court case McDonald v. Chicago, which applied the ruling in the 2008 Heller case (which said the Second Amendment guarantees an individual right to bear arms) to states and localities, the Court has so far evaded any new case about the limits and meaning of the Second Amendment.

    Those two cases, though, did not resolve all the important questions about how and when and why the government can restrict Second Amendment rights. Heller and McDonald said that the right to possess commonly used weapons for self-defense in the home cannot be infringed, but Justice Antonin Scalia in his majority opinion in Heller explicitly said this didn’t mean anything goes when it comes to Americans and their guns.

    Many other cases that try to define the whos, whens, and hows of our Second Amendment rights are percolating through the lower courts, and some are trying to wend their way to the Supreme Court.

    Here are three of the most relevant active cases involving the Second Amendment, ones that promise to expand Second Amendment liberty, and resolve some of the core issues left unresolved by Heller and McDonald. Two of them will likely be considered for certiorari by the Supreme Court (though whether they will take them up is always hard to predict).

    Read More…


  • NYPD Begins Gun Confiscations for Rifles/Shotguns With a 5+ Round Capacity

    (courtesy Mrgunsngear's Facebook page)

    The New York City Police Department is taking aim at owners of certain shotguns and rifles, telling them all long guns with more than a five-round capacity must be tåçurned in, altered or taken out of town.

    The first option for the letter’s recipient is to, “Immediately surrender your Rifle and/or Shotgun to your local police precinct, and notify this office of the invoice number. The firearm may be sold or permanently removed from the City of New York thereafter.”

    An estimated 500 recipients of the notices, which were mailed on Nov. 18, were given the options to surrender their gun, permanently move the gun out of city jurisdiction or employ a licensed gunsmith to modify the weapon to get into compliance with the law. Rifles and shotguns with a capacity of five or more rounds are affected.

    An NYPD spokeswoman told FoxNews.com the initiative has been in practice since 2010.

    But this year is the first time critics say the notices were so widely dispersed. The notice was first reported on the website TheTruthAboutGuns.com.

    “These letters appear to be another example of the Nanny State. Hypothetically, it can start with a letter, and then that can lead to someone knocking on your door saying, ‘I want to see your gun.'”

    – New York State Assemblyman James Tedisco

    New York State has the strictest gun laws in the country. Mayor Michael Bloomberg, co-founder of Mayors Against Illegal Guns, has made it a priority of his to pull illegal handguns off the streets and directly links these guns to violent crimes. But critics say the real problem is illegal handguns in the hands of criminals, not long guns owned by law-abiding citizens.

    “We think it’s an abuse of power by the NYPD,” said Tom King, the president of New York State Rifle & Pistol Association. His organization has fought with the state on various gun bills and spent $400,000 on a lawsuit challenging the Secure Ammunition and Firearms Enforcement Act, or SAFE Act, which was signed in January by Gov. Andrew Cuomo.

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