Archive for the ‘Second Amendment’ Category

Rep. Gaetz: Second Amendment not negotiable – Pensacola News Journal

Congressman Matt Gaetz 3:54 p.m. CT Jan. 17, 2017

Liberal activist John Cork asks in a recent column, Who is Matt Gaetz Protecting? The answer: Gun owners and our Constitution. Some on the left believe the Second Amendment is negotiable, flexible even forgettable. I dont and Andy Marlettes cartoons provide the evidence.

Our founders understood that Americas strength comes from empowering citizens, not government. In the words of Thomas Jefferson, Laws that forbid the carrying of armsdisarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man" (quoting 18th century criminologist Cesare Beccaria).

Jeffersons words ring true today especially given increasing violence in society. When Jesse Jackson, Al Sharpton and Michael Bloomberg called for a repeal of Floridas Stand Your Ground law, I proudly stood up to them. We didnt weaken Stand Your Ground, we made it even stronger to protect those under attack.

As a state legislator, I championed open gun carry in Florida. Forty-Five states allow open carry in some form. States that allow open carry have 23% less violent crime, fewer murders and fewer aggravated assaults. The numbers dont lie which is likely why Mr. Cork didnt cite any.

Congress can do more to restore the rights of law-abiding gun owners. Today, when a Florida conceal carry permit holder travels to Alabama, Georgia or any other state, they cannot carry absent duplicative permitting. Ive joined Rep. Richard Hudson (R-NC) introducing national conceal carry reciprocity legislation. In our state, conceal carry permit holders are remarkably law-abiding citizens. In fact, they are eight times less likely to commit crimes than members of law enforcement. We hope to pass this bill soon.

Mr. Cork writes, There are numerous effective strategies that reduce the odds of the mentally ill obtaining firearms. The NRA and Rep. Gaetz oppose them all. That is a lie. And I can prove it.

No person should be able to walk out of a mental institution and return to an arsenal. In 2013, I was Criminal Justice Chairman in the Florida House of Representatives. We worked with Democrats, Republicans, the NRA and others to pass HB 1355. According to nonpartisan analysis, this law prohibits the sale or delivery of firearms to someone adjudicated mentally defective or who has been committed to a mental institution. Thats just commonsense. Perhaps Mr. Cork should take better aim of the facts before publishing fake news.

For eight years President Obama has blamed law-abiding gun owners for the tragic events caused by a disturbed few. In Northwest Florida, we proudly cling to our guns and bibles. We always will. And if anyone ever wonders who I am protecting by supporting the Second Amendment, it just may be you or your family. Because, in America, you always have the right to protect yourself.

Congressman Matt Gaetz represents the First District of Florida. He serves on the Armed Services, Budget and Judiciary Committees and lives in Fort Walton Beach.

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Rep. Gaetz: Second Amendment not negotiable - Pensacola News Journal

Iowa proposes to add second amendment in state constitution – KWQC-TV6

MASON CITY, Iowa (KIMT) The Second Amendment, although a part of federal law, is not in the Iowa Constitution. The Hawkeye state is one of just six in the country to not have it. But that could be changed soon due to a new proposed state constitutional amendment.

The constitutional level, the federal level, the second amendment talks about the right to keep and bear arms, History and Political Science Instructor Bennett Smith said. What the language in this proposed amendment does is it expands upon that.

The proposal says citizens can acquire, keep, possess, transport, carry, transfer and use arms. It also addresses licensing, registering and taxing.

The debate might be in terms of how some of the language is used and whether it eliminates the possibility of the state, namely the legislature, to impose a permit requirement or other kinds of training and education requirements, Smith said.

Opponents are concerned about a lack of permits and education this would bring up. For those who deal arms, reading through the language brings up some concerns.

Theres a lot of ambiguities in there, it leaves us with enough rope to hang ourselves again, Kemlin Hart, owner of Hart Brothers said. Last time we did this was with our carry law, you know shall issue that worked out just fine so I think Iowa legislators have the ability to make this work just fine again but its going to take some doing to get it there I think.

A lot of the debate about this is dependent on how its interpreted. But Hart is hoping his right to bear arms is protected under state law soon.

I think all the other amendments in the Constitution are dependent on the Second Amendment, Hart said. If we cant fight for our right we dont really have any rights.

The proposal has to be passed by two general assemblies, meaning this year and next years legislature. Then it has to be passed by a majority of voters in the state of Iowa.

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Iowa proposes to add second amendment in state constitution - KWQC-TV6

Second Amendment Returns to Supreme Court in Peruta and … – Breitbart News

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On Jan. 12, former U.S. Solicitor General Paul Clementone of the finest Supreme Court litigators of this generationfiled a petition for certiorari in Peruta v. California, backed by the full support of the National Rifle Association of America.

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As Breitbart Newss previous report explains in greater detail, in Peruta, the U.S. Court of Appeals for the Ninth Circuit upheld a California law under which an elderly citizen was denied a permit to carry a handgun because his general desire to have a handgun for self-defense was not sufficient good cause for him to receive a permit.

The question presented in the petition is Whether the Second Amendment entitles ordinary, law-abiding citizens to carry handguns outside the home for self-defense in some manner, including concealed carry when open carry is forbidden by state law.

This comes on the heels of current Acting Solicitor General Ian Gershengorn petitioning the Supreme Court to hear arguments to overturn a recent decision by the U.S. Court of Appeals for the Third Circuit, where a divided court held that the lifetime ban in federal law on felons possessing firearms cannot be applied to some nonviolent individuals who committed relatively minor crimes many years ago.

The Philadelphia-based appeals court held in Binderup v. Lynch that applying the law to all such people goes too far, and violates the Second Amendment. The U.S. government is now asking the High Court to reverse that decision.

Clement has argued over 80 cases before the Supreme Court, and the justices frequently grant review in cases that he asserts are worthy of the Courts time.

Gershengorn represents the U.S. government. The Court virtually always grants the federal governments request to hear a case when a federal law has been struck down.

The Supreme Court has only decided a total of two major Second Amendment cases, both of them recent: Heller in 2008, and McDonald in 2010. So the impact of a thirdand possibly fourthcase could be tremendous.

If review is granted in either case, arguments are expected in October, with a decision likely in the first half of 2018.

Ken Klukowski is senior legal editor for Breitbart News. Follow him on Twitter @kenklukowski.

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Second Amendment Returns to Supreme Court in Peruta and ... - Breitbart News

LETTER: Second Amendment isn’t blank check on guns – Asbury Park Press

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5:28 p.m. ET Jan. 14, 2017

The Second Amendment does not say you have the right to bear arms.(Photo: Getty Images/iStockphoto)

If you read the Second Amendment, it does not say you have the right to bear arms. It states, a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

How many people belong to a militia? Ill bet that not one executive of the NRA belongs to one. Why does anyone need an MK47, AR-15, M4 or Glock 9mm? I keep a baseball bat. I can get to it faster than trying to load a gun. Any intruder is going to think he got shot. He is going to wish he got shot.

LETTER: God help middle class, poor under Trump

England has strict laws and restrictions on guns. Even their police dont carry them. Gov. Chris Christie was a proponent of tough gun control legislation until he decided to run for president. He needed the NRA backing and money. Why? Because the NRA has lots of lobbyists and money, and most politicians have deep pockets.

Im not against guns. My father had a 12-gauge shotgun. It was always kept unloaded and the shells were hidden He used to hunt. If he didnt, we wouldnt have meat.

People are being shot every day. Thats all you read and see. The politicians wont require any gun registration or gun restrictions because of the money from the NRA, gun manufacturers and ammunition-makers.

Victor Pizzi

Brick

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LETTER: Second Amendment isn't blank check on guns - Asbury Park Press

Tombstone proclaimed ‘America’s Second Amendment City’ | Free … – Sierra Vista Herald

TOMBSTONE This Old West town, known for its legendary shootout at the OK Corral, gun-packing locals and gunfight shows, has been proclaimed Americas Second Amendment City.

Tombstone Mayor Dusty Escapule read the proclamation at Tuesdays City Council meeting to a round of applause and an approving council.

The citizens of Tombstone are accustomed to having firearms around, Escapule said. Just stop and look up and down Allen Street. Most of the guys are carrying a gun.

The idea of a formal proclamation was pitched to the mayor by local business owner Gordon Anderson.

This represents a great day in our history, Anderson said. Right now, were Americas only Second Amendment City. It fits into our past, present and future. I was very pleased to see that Mayor Escapule was able to issue the proclamation with no objections.

Johnny Rowland, a media spokesman for Gun Owners of America a gun advocacy organization with 1.5 million members attended the meeting.

Gun Owners of America is in complete support of this proclamation for Tombstone and in support of Arizona as the most gun-friendly state in America, he said.

A call placed to the National Rifle Association Tuesday morning for comment was not returned.

As a tourist attraction, a large part of Tombstones draw is based on the towns historic gunfights from its years past, Escapule said. He also mentioned the list of venues in Tombstone that have evolved around guns.

We have SASS (Single Action Shooting Society), daily gunfight shows in various locations and the National Fast Draw Contest, Escapule said.

In addition, every third weekend in October the town celebrates Tombstone Helldorado Days with three days of action-packed street entertainment and gunfight shows.

As soon as word about the proclamation got out, I was getting calls from everywhere, Escapule said. In this part of the country, most residents support the Second Amendment. I felt the proclamation is something I should do for the citizens of Tombstone as well as our neighbors along the international border.

Tombstone as Americas Second Amendment City is making a statement that the citizens of Tombstone understand the importance of the Second Amendment. I think all the communities along the border should recognize how the right to bear arms plays an important part in our day-to-day lives.

Escapule said that proclaiming Tombstone as Americas Second Amendment City is making a statement that the citizens of Tombstone understand the importance of the Second Amendment. At Tuesdays council meeting, Escapule made it clear the proclamation is not intended to advocate gun violence, but simply reinforces the citizens rights under the Second Amendment. Proclaiming Tombstone as Americas Second Amendment City is not intended to alter or change the citys long-standing slogan, The Town too Tough to Die, the mayor said.

We have one of the old pioneer, true west cities in America, and thats what I want people across the country to know.

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Tombstone proclaimed 'America's Second Amendment City' | Free ... - Sierra Vista Herald