Archive for the ‘Second Amendment’ Category

Columnist is wrong about AR-15 rifles Times News Online – tnonline.com

Published April 22. 2023 07:52AM

Columnist Bruce Frassinelli recently broached the hot-button issue of our Second Amendment liberties and the civilian AR-15 style semi-automatic rifle. He shouldnt have. Mr. Frassinelli is obviously out of his water on this topic and displayed a stunning degree of ignorance of the subject matter. His column contains so many misrepresentations and inaccuracies that its difficult to know where to begin a rebuttal. Since Mr. Frassinelli makes repeated reference to, and relies upon, the results of a 2022 Washington Post poll of AR-15 owners, lets start there.

The Washington Post is a far left anti-gun publication. Its a staunch anti-Second Amendment partisan and its editorials reflect that. So too, its polls and surveys. Anything the Post writes on the subject is biased propaganda. In other words, the Post has a horse in the race and this 2022 poll is just its latest attempt to dupe the uninformed and naive populace.

The Posts AR-15 poll is demonstrably fraudulent and self-refuting, hardly authoritative as Mr. Frassinelli claims. For instance, the Post makes the absurd assertion that no one should own an AR-15, even though (as the Post itself admits) its the most popular civilian rifle in America today - a rifle that 16 million Americans legally own.

Mr. Frassinelli thinks the AR-15 is a heavy-duty weapon. I suggest he pay attention to what most area deer hunters are carrying in the field for evidence of heavy-duty weapons. There are any number of .300 caliber rifles in use for big game hunting that are far more powerful than the AR-15. Many of these .300 caliber rifles are semi-automatics with box magazines, like the AR-15.

Mr. Frassinelli expresses disdain for firearms because of an incident with an air-powered BB-gun in his youth. Lets keep in mind that a Red Ryder BB-gun is not a firearm. He says he has never held a gun in his hand since that incident. Thats his choice to make. By the same token, Mr. Frassinelli might want to stay in his own lane and confine his opinions to matters hes familiar with and can write intelligently about.

Ernie Foucault

Kresgeville

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Columnist is wrong about AR-15 rifles Times News Online - tnonline.com

Maryland’s stricter gun laws await Moore’s signature – The Southern Maryland Chronicle

ANNAPOLIS, Md.- Going to pick up your child from school with your gun in your handbag, or going to the bar for a drink with your handgun in your concealed holster these are both things that will likely be prohibited this October, even with a concealed carry permit, after the Maryland General Assembly passed legislation tightening gun laws, despite heavy pushback from Republican lawmakers.

Three important pieces of gun legislation passed in the final days of the legislative session, one in the final hours, and not without heated debate. None have yet been signed by the governor.

The total package, particularly SB 1, which places limits on where a gun can be carried, creates among the strongest gun violence prevention legislation in the country, said the bills sponsor, Sen. Jeff Waldstreicher, D-Montgomery. It is also without question, the strongest gun violence prevention legislation that weve had since 2013.

In 2013, the controversial Firearm Safety Act was signed into law, banning assault-style weapons and placing limits on magazines larger than 10 rounds.

SB 1, The Gun Safety Act of 2023, passed in the House on April 10, the final day of Marylands 90-day session.

The bill, originally sponsored by Waldstreicher and then- Sen. Susan Lee, D-Montgomery, would prohibit individuals from knowingly wearing, carrying or transporting a firearm onto private property without consent and prohibit guns in specified areas such as health care centers, schools, polling places, stadiums and places where alcohol is served, even with a concealed carry permit.

The bill was prompted by the Supreme Courts decision in the New York State Rifle and Pistol Association v. Bruen case last June, which held that lawful individuals do not need to prove they have a good and substantial reason to carry a concealed weapon, and that the proper cause to carry requirement used to obtain a permit in numerous states, including Maryland, was unconstitutional. Democratic lawmakers said this decision left a void in necessary gun control laws.

We have a gun problem in this country, and for the Supreme Court to rule as they did in Bruen, to go from a may issue to a shall issue, I think it was a very dangerous holding, said Attorney General Anthony Brown in an interview with Capital News Service. Brown said he expects Maryland and other states gun laws to continue to be challenged in court.

The Bruen case forced our hand, said Waldstreicher, in that the legislature had to act to fill the void in the law caused by the decision.

Gun violence continues to be a growing problem. From Jan.1, 2023, to April 19, 2023, there have been 165 mass shootings in the United States, including six mass shootings in Maryland, according to the Gun Violence Archive. A mass shooting is defined as at least four people shot, either injured or killed, excluding the shooter, according to the archive.

My concerns expand or extend beyond Maryland, It extends to all 50 states and the territories in the United States and the District of Columbia, said Brown. It used to be where we sort of kept track of the different types of venues where you had these mass shootings, it started in schools, and then movie theaters, and then nightclubs, and then synagogues and churches, now its almost becoming easier to identify places that havent been.

Democratic lawmakers say SB 1 will aid in curbing the growing gun violence epidemic if signed into law as expected.

However, the bill has raised eyebrows over its constitutionality, with gun rights activist groups saying it inhibits the Second Amendment rights of law-abiding gun owners by restricting where individuals with permits can carry their weapons.

We will challenge many of its provisions in court, said Mark Pennak, president of Maryland Shall Issue, a Maryland gun advocacy group. So many of its provisions are just blatantly unconstitutional.

For gun control legislation to make it through the courts post-Bruen without constitutional scrutiny, the law must not violate the grounds of the Second Amendment and must have an analog from American history, specifically from when the Second Amendment was ratified in 1791 to when the 14th Amendment was ratified in 1868.

There is no historical analog as required by the Supreme Court, said Pennak. Federal district court decisions have held that banning carry on private property otherwise open to the public is flatly unconstitutional. SB 1 is basically lawless, and I think they know that.

Democrats say they are prepared to defend the bills constitutionality in court. We believe the areas that are defined and identified in this bill meet constitutional muster, said Brown.

Backers of the bill said there is a clear historical analog, or comparison, tracing back to the founders days regarding gun restrictions. There were still places and spaces then where guns were prohibited, and its analogous to what we are proposing in Senate Bill 1, said Brown.

Another bill, HB 0824, Possession And Permits To Carry, Wear, And Transport A Handgun, passed the House on April 8, 98-40, also sending it to the governor to be signed into law.

This bill, sponsored by Del. Luke Clippinger, D-Baltimore City, and 15 other Democrats, would expand the existing prohibitions of access to firearms, increase the maximum fee for handgun permit applications, expand requirements for a firearms training course, and raise the age from 18 to 21 to lawfully possess a firearm, according to the filed bill.

This legislation removes the good and substantial reason language from Maryland law while also making changes to both our wear-carry permit process and to the process for getting a regulated firearm, that I believe will strengthen public safety, said Clippinger in a Judiciary Committee hearing for the bill in February.

The bill will raise the initial permit application fee, currently $75, to at most $125. The $50 renewal application fee will rise to $75, and the $10 for a modified or duplicate permit will rise to $20. These fees have not been raised since 1992, according to Clippinger.

Andrea Chamblee, widow of the late Capital Gazette journalist John McNamara and member of Moms Demand Action, testified in favor of the bill at the hearing, recounting the tragic shooting at the Capital Gazette newspaper in 2018 that changed her life.

I am sitting here, hoping no one will ever have to sit where I am sitting; on June 28, 2:38 p.m., about five years ago, a man with a criminal history of violence walked into the Annapolis Capital Gazette, said Chamblee. He had spent years terrorizing the Capital Gazette staff with deadly threats after they reported on his crimes; he had a criminal record of violence against women that had been expunged in return for his showing up at anger management classes.

Chamblee said that the expungement of his record, despite his history of aggression, allowed him to obtain a gun, which he then used to kill five people at the Capital Gazette newsroom.

We must take steps such as this bill to ensure that guns do not wind up in the hands of people who pose a danger to themselves or others, said Chamblee.

Gun rights advocacy groups are not pleased with the bills passage, stating that it is imposing on constitutional rights by imposing barriers to legally owning firearms by raising the application fees and increasing limitations.

Its not up to the state to decide who can get a permit and who cannot, said Pennak of Maryland Shall Issue. The Supreme Court says that right belongs to all law-abiding Americans, and certainly that would include the rights of 18 to 21 year olds and people who havent committed serious violent crimes.

The last bill, SB 0185, cross-filed as HB 0003, also referred to as Maryland State Police Gun Center- Firearms Surrendered Under Final Protective Orders, is sponsored by Sen. Pamela Beidle, D-Anne Arundel, nine other Democrats and one Republican. It passed in the House on April 4, 112-20.

This bill would expand the purpose of the Maryland State Police Gun Center to include the screening, vetting, and tracking of all firearms surrendered under final protective orders, and to report information regarding the firearm and the individual who surrendered it.

Final protective orders are restraining orders against domestic abusers issued by the court after evidence is presented showcasing abuse. If a final protective order is issued, the abuser must surrender their firearms to the state to be tracked and vetted thoroughly by the center under this bill.

Waldstreicher said he anticipates that Gov. Wes Moore will sign these gun control bills into law.

A spokesman for the governors office said, Governor Moore is committed to signing legislation to help curb the gun violence epidemic facing Marylands communities, people have a right to feel safe in their own communities and the governor is committed to doing everything in his power to make Maryland a safer home for everyone.

This article was originally published on CNSMaryland.org and is republished with permission.

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Maryland's stricter gun laws await Moore's signature - The Southern Maryland Chronicle

Tennessee governor calls for special legislative session to work on … – khqa.com

NASHVILLE, Tenn. (WZTV) Governor Bill Lee called for a special session of the Tennessee legislature Friday so that the body can work on legislation to address gun violence following the deadly mass shooting at The Covenant School on March 27.

"After much input from members of the General Assembly and discussions with legislative leadership, we have decided to call a special session to continue our work to protect Tennessee communities and preserve constitutional rights, said Gov. Lee in a statement. "There is broad agreement that dangerous, unstable individuals who intend to harm themselves or others should not have access to weapons."

Lee's statement, coming after the state's legislative session formally closed for 2023, not only stressed the need to develop gun reform laws but also emphasize the importance of preserving Second Amendment principles during the bill-writing negotations.

"We also share a strong commitment to preserving Second Amendment rights, ensuring due process and addressing the heart of the problem with strengthened mental health resources," Lee continued. "I look forward to continued partnership with the General Assembly as we pursue thoughtful, practical solutions to keep Tennesseans safe."

Lawmakers have been under pressure by protestors, activists, students and families from around the state to develop legislative solutions since the school shooting.

An estimated 88 people have died in 17 mass shootings during the first 111 days of 2023.

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Tennessee governor calls for special legislative session to work on ... - khqa.com

Views from the nations press – Longmont Times-Call

The Columbian on how for sake of the planet, treat every day as Earth Day:

Saturday is Earth Day, an annual designation that promotes a partnership for the planet. While several local events are scheduled and while millions of people across the globe will participate in activities, the idea of Earth Day is a misnomer. Concern for the planet and sustainability should guide our actions every day, not just once a year.

Earth Day was first launched in 1970. Denis Hayes, coordinator of that initial Earth Day, grew up in Camas, Washington, and graduated from Clark College before attending Stanford University. Since helping to launch the observance which was the brainchild of Wisconsin Sen. Gaylord Nelson Hayes has been a leader in the environmental movement. In 1999, Time magazine lauded him as Hero of the Planet.

Hayes path in environmentalism demonstrates the fits and starts that have affected the movement. During the Jimmy Carter administration, he headed the federal governments solar energy research effort; the programs budget was slashed whenRonald Reaganentered theWhite House.

In 1993, Hayes said: I think that the greatest crime against the environment will be the decision early on in the Reagan years to shut down the renewable energy development program to the extent that they could. Research that was being done on solar, wind, geothermal, biomass and other renewable, sustainable, safe, benign, resilient, decentralized energy sources came to a halt.

Government policy can seem out of reach to average citizens, and protecting the environment can appear intractable. ButEarth Dayis a reminder that we all can play a role in developing sustainable habits.

As theNational Oceanic and Atmospheric Administrationstresses, Protecting our planet begins with you. The administrations website offers 10 easy recommendations for helping the environment, including Reduce, reuse, recycle, conserve water and plant a tree.

Perhaps most important is the recommendation to become educated about environmental issues: When you further your own education, you can help others understand the importance and value of our natural resources.

Such education is particularly important these days, with climate change influencing policy decisions and fueling political discord. The latest report from theUnited NationsIntergovernmental Panelon Climate Change warns that the world is close to a dangerous threshold, with the burning of fossil fuels contributing to rising temperatures. The IPCC chair said, The choices we make now and in the next few years will reverberate around the world for hundreds, even thousands, of years.

An increase in frequency and intensity of wildfires, shrinking glaciers and rising sea levels in our state make clear the local impact of climate change. A diminishingColorado Riverin theSouthwest United Statesmakes clear the national and global impact. The river provides irrigation for much of the nations food production, and it is drying up.

Earth Day offers an opportunity to ponder and recognize how environmental issues are intertwined and how our actions can have a broad influence.

Whether or not you are able to participate inEarth Dayevents, we offer a gentle reminder: Every day should beEarth Day.

Former U.S. Rep. Adam Kinzinger, who served Illinois 11th Congressional District and later the 16th from 2011 to early this year, is one of the Republican Partys most significant truth tellers. Kinzinger is now a political commentator. In his blistering farewell address to Congress in December, Kinzinger said: Where Republicans once believed that limited government meant lower taxes and more autonomy, today, limited government means inciting violence against government officials.

On Monday night, Kinzinger spoke in Chicago at a meeting organized by The Joyce Foundation. In a session moderated by a former Tribune reporter, White House official and Democratic strategist, David Axelrod, the former congressman spoke alongside Tim Heaphy, the chief counsel and lead investigator for the Jan. 6 House committee.

This was a left-leaning audience, receptive to sharp criticism of the Republican right and far friendlier to Kinzinger than many members of his own party. But something Kinzinger said at the Arts Club caught our attention after the conversation turned to recent school shootings.

Second Amendment people, Kinzinger said, should be on the front line of gun control.

In essence, Kinzinger was saying, the people who are interested in guns, and most likely to own them, actually know far more about what works and what does not in the matter of gun control than those who have no such knowledge. And as experts on guns, he said, they are thus morally obligated to use that expertise to solve what is clearly a crisis, given all the recent examples of emotionally troubled people acquiring powerful weaponry and using them to take innocent lives, often of children.

Many of them already know this, he implied, at least deep down, and are possibly just waiting to be asked in the right way.

Therefore, rather than seeing fervent supporters of the Second Amendment as the opposition to be defeated, he suggested, those who want to see sensible regulations on gun ownership, such as background checks, age restrictions and red flag laws, should see Second Amendment people as potential experts and allies. They know guns better than those who merely despise them.

Kinzinger was engaged in realpolitik here, noting that the constitutional protection for personal ownership of guns is unlikely to go away in our lifetimes. Better, then, to find common ground when it comes to the kinds of reform for which weve advocated here often.

Kinzinger is not the only person who has suggested that Americans try harder to find common ground in the interests of common-sense solutions. At a recent meeting in Austin, Texas, organized by the American Press Institute, a young nonprofit called The Flip Side spoke of its mission to help bridge the gap between liberals and conservatives, telling assembled opinion journalists from major newspapers that the use of less partisan language and tonality has proved to be a far more effective generator of meaningful common-sense change than rhetorical demonization.

We could not agree more. And gun control is not the only issue to which that applies, but its surely the biggest emergency.

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Views from the nations press - Longmont Times-Call

Missouri Attorney General Andrew Bailey Recaps First 100 Days in … – Missouri Attorney General’s Office

JEFFERSON CITY, Mo. - Today, Missouri Attorney General Andrew Bailey recapped his first 100 days in office. He was sworn in as Missouris 44th Attorney General on January 3, 2023.

When sworn in as Missouris 44th Attorney General, I committed to protecting the Constitution, enforcing the laws as written, defending the state, supporting the counties, and training the next generation of public service-minded attorneys,said Attorney General Bailey.From handling the largest First Amendment case in a generation and protecting children, to obtaining restitution for consumers and assisting local prosecutors across the state to put away violent criminals, Im proud of what my office has accomplished in my first 100 days. We will continue to defend Missourians in the days ahead.

As part of his commitment to protect the Constitution, General Bailey achieved significant successes in his landmark First Amendment lawsuit,Missouri v. Biden, which asserts that the federal government has colluded with and coerced major social media companies to censor free speech on social media platforms.The case continues to uncover valuable information about the close coordination between major social media companies, the FBI, and the Department of Homeland Security(DHS) in the year leading up to the 2020 election.General Bailey filed a motion for preliminary injunction against the Biden Administration, citing 1,432 facts that showed collusive efforts between the federal government and the major social media companies to censor speech. The judge denied the Biden Administrations motion to dismiss the lawsuit and set the matter for a merits hearing this spring.

General Bailey also staunchly defended Missourians Second Amendment rights, as demonstrated by his lawsuit against the Biden Administration for its unconstitutional ban on pistol braces. His office also appealed a ruling declaring the Second Amendment Preservation Act unconstitutional; arguments will be heard in the coming months. Moreover, General Bailey filed multiple amicus briefs in defense of gun rights, specifically challenging an unlawful New York law that attempts to strip churchgoers of their right to protect themselves.

Additionally, General Bailey participated in oral arguments at the United States Supreme Court in his challenge to President Bidens unconstitutional plan to saddle working Americans with student loan debt. Missouri argued that the Biden Administration lacks the constitutional and statutory authority to authorize such spending without express congressional approval. The Court will rule in the coming months.

In an effort to enforce the laws as written, General Bailey launched an investigation into a St. Louis pediatric transgender center that has been accused by a whistleblower of using experimental drugs on children, distributing puberty blockers and cross-sex hormones without individualized assessments, and giving children life-altering drugs without full and informed parental consent. In conjunction with the investigation, his office opened an online form where those who have experienced harm from gender transition interventions or witnessed troubling practices at transition clinics in Missouri may submit their concerns. General Bailey also issued an emergency regulation clarifying that state law already prohibits performing experimental procedures, such as gender transition interventions, in the absence of specific guardrails. The regulation will last until February 6, 2024.

General Bailey also filed a writ of quo warranto against St. Louis Circuit Attorney Kim Gardner to remove her from office for failing to do her job for the people of St. Louis. The suits allegations include that the Circuit Attorneys Office has failed to (1) prosecute cases to resolution, (2) inform and confer with victims, and (3) review and file cases submitted by the St. Louis Metropolitan Police Department. The breadth of her failures are detailed in a 121-page amended petition which contains ten individual counts of willful neglect and wrongdoing.

As part of his commitment to protect the lives of the unborn, General Bailey worked to enforce state and federal abortion laws. He put major pharmacies on notice that they would be violating both state and federal law if they moved forward in their decision to distribute abortion pills through the mail, after which Walgreens announced that they would comply with the law. The pharmacies threatened actions were based on a new rule put out by the FDA which abandons the longstanding ban on remote prescription and administration of chemical abortion pills. General Bailey filed an amicus brief in a Texas case calling for a preliminary injunction, which the judge granted, thereby enjoining the FDAs approval of chemical abortion pills to be shipped in the mail. This case is now pending before the United States Supreme Court.

In order to fight back against the rise of the federal administrative state, General Bailey filed suit with 23 other attorneys general against the Biden Administrations Waters of the United States (WOTUS) rule that attempts to illegally expand federal authority over water throughout the country. The Court granted General Baileys motion for preliminary injunction, halting President Bidens overreaching WOTUS rule.

Further, General Bailey joined 19 other states in filing suit against the Department of Homeland Security for allowing tens of thousands of illegal immigrants to enter the United States per month without a legal screening process. He also filed suit against Bidens Department of Labor for their rule allowing 401(k) managers to direct their clients money into investments based on their supposed environmental impact rather than their financial returns.These ideologically based actions by federal bureaucracies, acting without Congressional authority, threaten the stability of the American legal system.

General Bailey also authored several letters and filed many amicus briefs in order to preserve the freedom to cook with gas stoves, challenge woke environmental, social, and governance investment efforts, and protect womens sports, amongst other issues.

In keeping with his statutory duty to defend the state and its consumers from fraud, General Bailey joined a coalition of seven states in shutting down a massive Texas-based robocall operation that blasted billions of illegal robocalls to people across the country. His office also obtained a consent judgement against Vacation Consulting Services, a Missouri-based company that offered timeshare exit services around the country, for failing to let consumers out of their timeshare agreements. The judgment resulted in $700,000 in restitution for consumers. Further, General Baileys office obtained a consent judgment against a dog breeder, resulting in a maximum sentence of $10,000 in fines and the removal of her license.

In order to support the counties, the Missouri Attorney Generals Office (AGO) assisted several local prosecutors in obtaining criminal convictions. Assisting Warren County, the AGO obtained nine felony convictions against Shawn Kavanagh in connection with multiple murders. He was sentenced to life without parole. Assisting Ripley County, the AGO obtained convictions against Danisha Price for involuntary manslaughter in the first degree, tampering with physical evidence, abandonment of a corpse, five counts of endangering the welfare of a child, and one count of resisting arrest. Assisting Pemiscot County, the office secured thirteen felony convictions against Frank Parry of Steele, Missouri, for sexually abusing two minors, one for an extended period of time. Assisting Wayne County, the AGO obtained a 33-year prison sentence in the deadly shooting of a twelve year old child. Assisting Monroe County, the Attorney General Baileys office obtained seven felony convictions against Robert Lee Sims, Jr. of Madison, Missouri, for sexually abusing and exploiting a minor victim over many years. Assisting the Shannon County Prosecutors Office, the AGO secured a guilty verdict against Daymond Reeves for the 2020 murder of Allan Brewer. Reeves was sentenced to life without the possibility for parole for first degree murder and fifteen years for armed criminal action. These are only a fraction of the convictions secured by the Attorney Generals Office in the past 100 days.

As part of his commitment to train the next generation of public service-minded attorneys, General Bailey partnered with the University of Missouri School of Law to launch a law student practicum designed to help law students learn from practicing attorneys and gain real world experience while earning credit towards their law degree.He also implemented a new Trial Masters program for attorneys in his office, which partners young attorneys with experienced litigators to prepare them for trial in a mentoring relationship. This program draws upon the significant expertise of Missouris finest trial lawyers to increase and elevate the services provided by the AGO in defending the rights of all Missourians.

A breakdown of the first 100 days by section of the office can be found below:

Consumer Protection:

Public Safety:

Medicaid Fraud:

Criminal Appeals:

Governmental Affairs:

Labor:

Financial Services:

Litigation:

Im passionate about defending the Constitution, upholding the rule of law, and protecting the liberties of the people of the state of Missouri,said Attorney General Bailey.Im proud of the successes weve had in my first 100 days, and Im excited to see all this office will achieve moving forward.

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Missouri Attorney General Andrew Bailey Recaps First 100 Days in ... - Missouri Attorney General's Office