Tag Archives: Second amendment rights

Portantino At It Again With AB 1527

California Assemblyman Anthony Portantino (D. – La Cañada) must be really feel emboldened since the passage of his AB 144 last year because he is at again with a new bill that would expand on it.  Open Carry is under attack again with Assembly Bill 1527 which will make it illegal to openly carry long guns in addition handguns as is now because of AB144, and in general, make more changes to California Open Carry Law.

After the passage of AB 144 last year, the South Bay Open Carry organization, which has now morphed into the Responsible Citizens of California, staged a long gun protest to point out the absurdity of the ban on open carry of hand guns.  They met at two locations in California – in Northern and Southern California simultaneously, all carrying rifles to point the fact that carrying long guns is the only way of legal open carry remaining.

But this sort of ‘in your face’ tactic is what got Portantino fired up in the first place after the South Bay Open Carry group kept holding monthly meetings at restaurants in his district.  They would purposely hold their meetings at different restaurants in Portantino’s district to demonstrate their deference to his stated opposition to open carry and intent to pass a law banning it.

I, on the other hand, have never believed that it is a good idea to poke a sleeping bear that could turn around and attack you.  That is just what Portantino did by authoring AB 144 and successfully getting it passed and now again with AB 1527 this year.

Now in response to their ‘long gun protest’ he is at it again with AB 1527 wherein he wants to make it illegal to open carry long guns in addition to handguns.

Of course, both of these bills are illegal themselves as they are blatant infringements of the Second Amendment.  Ultimately they will be overturned in court to satisfy the Second Amendment or at least be the instrument by which we get a more permissive concealed carry law and become a “shall issue” state.  Either way we will prevail in the end.

Liberal gun grabbers in the California legislature will eventually get the message.  Their free run with 2-1 odds in California will end.  Of course, your help is always necessary to let your legislators how wrong this is.  Please call and/or write them to express your opposition.

GE

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Maryland Restrictive Concealed Carry Law Ruled Unconstitutional

Maryland’s Concealed Carry Law that requires applicants to submit a “good and substantial reason” along with their application has been ruled Unconstitutional by the U.S. District Court.  According to U.S. District Judge Benson Everette Legg, Maryland’s goal to control the amount of firearms carried by residents is therfore unconstitutional.

Maryland’s law is similar to the California CCW law in that California requires applicants to provide a reason of “good cause” as to why they should be granted a permit to carry a weapon concealed.  With this ruling in Maryland, California may soon be ordered to change their law.

The U.S. District Court upheld that the Second Amendment “right to bear arms is not limited to the home.”   Therefore citizens should not be required to submit a “good and substantial reason” when applying for a concealed carry permit.

Attorney Alan Gura made a statement to the AP for the plaintiff Raymond Woollard saying, “People have the right to carry a gun for self-defense and don’t have to prove that there’s a special reason for them to seek the permit.”

The case of Woollard vs. Sheridan was brought against the state police superintendent and members of the Handgun Permit Review Board for putting the burden of proof on a citizen and wrongly denying Woollard’s application in 2010.  Raymond Woollard had previously obtained a concealed carry permit after a struggle with a thief at his home in 2002.  However, his license renewal application was denied by the state of Maryland because he could not prove he was subject to “threats occurring beyond his residence.”

“A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,” Judge Legg wrote.  “The right’s existence is all the reason he needs.”

We applaud Judge Legg and his decision that upholds the Second Amendment right for law abiding citizens of Maryland, or of any state for that matter, to own and use a handgun in defense of themselves and their family.  Unfortunately, this decision currently only covers Maryland residents, but we stand ready to persevere in our liberal state of California when this comes before justices for ruling here.  This ruling is precedence and can only help to overturn the oppressive laws established by liberals who are only interested in control and who are currently running amuck in our state capitol with almost no opposition.  

California’s AB144 which passed last September went into law this past January, virtually disarmed all of us who cannot obtain a CCW permit, by making it illegal to carry a weapon openly.  Open carry had previously been legal since before the State was a State.  And as we know CCW permits are nearly impossible to obtain, except for a few friends of the local sheriffs and politicians.   

By making it illegal to open carry a weapon coupled with the restrictive CCW law of the land, California gun law is ripe to be declared “unconstitutional” as the Second Amendment cannot be satisfied.  Therefore, the court can only rule one way and still uphold the Constitution.

Maryland is showing us the way and we are sure to follow.

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Gun Sales At Record Levels This December

Remember Ralphie from the classic movie “A Christmas Story”?  Well I guess all of the Ralphies of years past have grown up and are still wishing for fire power, only now it’s the real kind.  According to the FBI who runs the background checks for gun sales, December 2011 is proving to be the busiest month for gun sales ever.  Apparently electronic toys and gadgetry is not the only thing topping Christmas Wish Lists because Holiday shoppers are also flocking to gun dealers and purchasing guns in record numbers.

FBI statistics show that this December Holiday shopping season is topping the last record setting month which was only last month – November.  With only a few days left in December, the number of background checks has already topped last month.  The NICS (National Instant Criminal Background Check System) has received 1,534,414 requests from gun dealers in order to complete gun sales across the United States.  Almost half a million checks were performed in the last six days before Christmas.

Two days before Christmas, the NICS ran 102,222 background checks, which was the second-busiest day in history.  The one-day record was set this year on Black Friday, the shopping day following Thanksgiving this year, with 129,166 searches.  By comparison, the previous one-day high was set November 28, 2008, when gun dealers made slightly more than 98,000 requests for background checks.

I know that I was one of the half million and probably part of the one day record, as I caused one of the checks when I purchased a shiny new, stainless steel, Smith & Wesson, 1911 to add to my own collection.  Unfortunately, since I live on the ‘left coast’ I was unable to take mine home before Christmas because of the 10 day waiting period we must endure, thanks to the “well meaning” liberals (sarcasm intended) in charge of our government.  It’s amazing just how long ten days can seem when you’re waiting to bring home a new member to your family.  Oh well, it’s just extending Christmas for me.

The FBI had no explanation for the sudden jump in gun purchases but it’s easy to surmise that more and more people are feeling the need to be in charge of their own self protection and are thereby exercising their Second Amendment rights.  Every day the main stream media features news stories of people who have become victims because of their inability to provide for their own defense.  While the intent of news organizations is to show guns in a bad light, people are realizing their importance as a tool to have in their possession.  Afterall, the police and the news reporters only show up after you become a victim. 

And with the Governor of our state opening up the prisons because of supposed “overcrowding”, it is becoming more and more important to be able to defend your family.  Our “wise” judges have ordered a reduction in the prison populations saying that the overcrowding must be reduced.  Of course, the liberal Governor is jumping on the idea of releasing criminals instead of fighting to build more facilities.  Frankly, I don’t see why we can’t erect some tents to house those who choose crime as a career choice.  It seems to work fine in Arizona.

Happy New Year Gun Enthusiasts, and remember – More Guns, means Less Crime.

GE

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Long Gun Protest Planned Protesting AB 144

California’s new ban on open carry of handguns which was signed this month by Governor Jerry Brown will go into effect on January 1, 2012.  In an effort to openly protest the new law Responsible Citizens of California is planning a meet-up this weekend at ‘high noon’ on Saturday, October 22, 2011 in two locations in California.  There will be two meet-ups – one in the Bay Area and one in the San Diego area of Southern California.

The Northern California meet-up will be in San Leandro at the corner of Hesperian Blvd and Bayfair Drive.  The Southern California meet-up will be in San Diego at the corner of Felspar and Ocean Front Walk on Pacific Beach with their long guns in hand (unloaded of course).

Both of these meet-ups are in response to the passage of AB 144 which removes our right to openly carry a handgun in public; something that has be legal in California since before it became a state.  But liberal legislators feel that we no longer should have this right, in spite of the fact that it is guaranteed by the Second Amendment of the Constitution.  The purpose of these events is to gather Second Amendment supporters to express their frustration with that liberal State Legislature.  The events will also provide an opportunity for the attendees to discuss the new pending law and familiarize themselves with options that will remain available to all lawful gun owners in California, such that they will be able to continue to legally carry firearms for personal protection.

Organizers are inviting attendees to bring their long guns and rifles to these events as this represents the only means by which citizens of California can legally carry personal self protection.  At the same time the organizers are stressing that all attendees should remain in full compliance with law.  And if they are unsure if they will be in compliance with the law, they should err on the side of caution.  Open carry of handguns remains legal in California until January 1st, but after that time, only long guns will be legal to carry in the open in public places.

I should also stress that you are not required to carry a firearm to attend the event.  Your presence and support alone will go a long way.  All supporters of the Second Amendment will be welcome whether armed or unarmed.  However, should you plan to attend with a firearm, please make sure that you are in compliance with the law.

Organizers of the events, Responsible Citizens of California, have released a brief instructional video and message to law enforcement on lawful Unloaded Long Gun Open Carry for those who will be exercising this basic, fundamental, civil right for the very first time.

Contacts in Northern California: RCC President – Adnan Shahab, (510) 972-4044; RCC Press Secretary – Yih Chau Chang, (408) 515-2128

Contact in Southern California: RCC Chairman – Sam Wlanyk, (619) 887-6776

For more information, please visit the Responsible Citizens of California website

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Governor ‘Moon Beam’ Signed AB 144 Into Law

Yes, over the weekend, California Governor Jerry Brown signed the bill that removes Californian’s right to openly carry a firearm.  AB 144, the confusing bill authored by Anthony Portantino (D. – La Cañada), will now become the law of land in California in January, unless it is struck down as ‘unconstitutional’ before then.

Make no mistake, this bill will eventually be struck down by the Court as it is a blatant “infringement” of our Constitutional right guaran-teed by the Second Amendment.  We just don’t know how quickly that will come about. It’s probably not going to happen before January 1st when the bill will actually become law.  Californians will then have no means by which they can legally “bear arms” short of a carry concealed weapon permit, and it is nearly impossible to obtain a CCW permit in California as the law is now.

The only way that the Court may leave this new law in place is if the State changes its CCW law from a “may issue” to a “shall issue” methodology.  Currently, concealed carry permits are issued by the Sheriff of each county at his discretion.  They are rarely granted except in extreme need cases, or as the law states, where a “determination of good cause” is made.  The Sheriffs of more rural counties are usually a little more liberal in the grants than are those of high population counties with major urban cities where they are the strictest in their standards for granting a permit.  Funny thing is, politicians are usually granted a CCW permit without question – the same people who are telling us that they don’t want us to be able to carry a firearm.

If the State does change their stance on concealed carry permits, then the Court may leave the new law banning open carry of unloaded firearms in place, as the ability to carry a firearm will be satisfied if we simply obtain a permit.  Only thing is, the liberals are never going to change their oppressive CCW law either.  As arrogant as they area, they’ll just wait until the court tells them just how wrong they are.

GE

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Further Update on AB 144

Well, they did it. The California State Senate passed AB 144 and it has moved on to the Governor. I just don’t see him not signing it either, unless there is a big enough push from the voters overwhelming his office with opposition to the bill that he has to veto it. So write the Governor, call him, or email him. Swamp his office. I have.

Also, he has to actually veto the bill for it to not become law. There is no “pocket veto” in California as there is at the federal level. If he does not sign it, it automatically becomes law in 30 days.

That may be how he decides to handle it too. Just leave it alone, and in 30 days it becomes law, and he can say that he didn’t sign it – the weasel that he is.

This bill will without a doubt be overturned in the Courts, but it may take some time for that to happen. So in the mean time, we, the law abiding citizens, we the people, pay the price and become more vulnerable in the public arena. The bill is so obviously unconstitutional that it’s amazing that the liberals in Sacramento couldn’t see it. But then, they don’t care anyway. The Constitution just gets in the way too much for them, so why not try and see if they can get away with it.

However, if the State decides to change their policy on concealed carry from “may issue” to “shall issue”, then the court may uphold the law. If the courts see that mechanism as a means to satisfy the Constitution by allowing us to “bear arms” if we just obtain a permit, then they may uphold the law. But I don’t see the liberals changing their minds on that one either.

So, in the mean time, we’re screwed. Welcome to the Left Coast.

GE

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Liberal Dems Introduced H.R. 2554 Before Congress

As they announced on Friday that they would, they did.  Several Democrats, with marching orders from President Obama, introduced new gun Control legislation into Congress, Monday, July 11, 2011.   H.R. 2554, the “Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011” has been officially introduced.  This is spawned by Project Gunrunner, President Obama’s experiment that spent millions of dollars of Stimulus money on new weapons for the Mexican Drug Cartels.  Of course this legislation, as is turns out, is just what Obama’s motive was in the first place.

The liberals wanted new gun control legislation and the Obama administration promised that he was working “under the radar” to get them some.  He claims it was an attempt to trace the gun traffic into Mexico so the FBI and ATF could get a handle on how guns were being trafficked into Mexico.  Unfortunately, ATF agents lost track of the weapons within hours of them crossing the border. Some of them, however, did show up when they were used to kill two federal agents on two separate occasions.  A few of them also show up occasionally in random traffic stops by police, but for the most part, the guns are gone, supporting the Mexican Drug industry and Drug Lords.

Obama needed a good cause to get Americans fired up enough to support new gun legislation.  So he and members of the BATFE devised this scheme to show how our current gun sales policies were allowing the Drug Lords to freely buy guns here in the United States and transport them across the border.  To that end, they had to virtually force the federally licensed gun dealers to complete transactions that they knew shouldn’t be done.  In addition, the Justice Department has found evidence the Obama administration funded the illegal act with Stimulus money.

Most of the guns seized don’t even come from the US. These are Russian.

The problem with this scheme is that they had to force gun sellers to do it in the first place.  Also, the US is not the Drug Lords first choice as the supplier of their hardware.  The best they can get from the US is semi-automatic weapons.  Their weapons of choice are fully automatic “machine guns” that are easily available from illegal gun dealers in Central America.  Truck loads of illegal weapons stream north from Central America every day.  Yet President Calderon of Mexico and President Obama claim that most guns are coming from the United States.  Together, they blame the availability of firearms in this country for the proliferation of guns in the hands of Mexican drug runners.  Hence the need for more gun control laws here in the United States.

Now liberal anti-gun Democrats have introduced HR 2554, the “Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011”, pointing to the guns that went south as the reason we need more gun control laws.  They are also hoping this will “smoke screen” the scrutiny and news coverage of the Project Gunrunner scandal that is now unfolding in Congress.  They, of course, want to look like they are looking out for us so this kind of egregious activity does not continue.

How about allowing our current laws work as they would have if the ATF and FBI had not stepped in to create this scandal.  More gun laws will not do anything to keep guns out of the hands of the Mexican gangs.

Please contact your congressional representatives and express your distaste for this underhanded attempt to enact unwarranted legislation that further works to undermine our Second Amendment Rights.

GE

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Operation GunWalker Spawns New Gun Control Legislation

In two previous posts I have been warning that the primary reason Obama would commit treason such as he has with Operation Gun Walker (or Fast and Furious) and arm Mexican Drug lords, was so he would have reason to try to pass more gun control legislation.   Well today I hear that the liberal democrats in Congress are planning to introduce new gun control legislation today. 

In an article by Katie Pavlich for the The Town Hall, she claims that several Democrats announced yesterday that they are planning to introduce new legislation today that is designed to “keep high powered firearms out of the hands of dangerous criminals, including the Mexican Drug Cartels”.  However, the legislation which is called the “Stop Gun Trafficking and Strengthen Law Enforcement Act”, will do no more than punish law abiding citizens and trample our Second Amendment Rights yet again.

Excuse me?!  It was the Obama Administration that allowed the drug cartels to freely purchase the “high powered firearms” in the first place.  The FBI and ATF all but forced the local gun sellers to complete the transactions against their own objections. Obama even funded the operations with money from the stimulus bills.  Problem is, he was hoping we wouldn’t find out about it.

And just as we predicted, here come the liberals with marching orders from President Obama, using it as a reason to gin up support for more gun control laws, with bills in hand. No gun control law is going to keep firearms out of the hands of the Mexican Drug lords, or any other criminal for that matter.  In fact, there is another blogger who has it stated another way:

“There are more than 22,399 restrictive gun laws in force. Of those, not even one has ever reduced crime.  In fact, crime has increased after each of these laws, and the amount depends on the severity and level of enforcement of the law.”

And it especially doesn’t matter how many gun laws we have if the Federal Government is willing to break them their selves to push a political agenda.  This must be what President Obama meant when he comforted anti gun members of his own party by saying, “we are working under the radar” on new measures.

House Representative Carolyn McCarthy who authored other gun control legislation earlier this year, is joined by Elijah Cummings, Carolyn B. Mahoney, to lead this new push.  And it will be a push in which they spare no effort to get it passed and signed.

It is time to contact your representatives and let them know you’re dissatisfaction with the legislation.

GE

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Obama Culpable to Funding Project Gunrunner

The United States Justice Department has uncovered evidence that the Obama Administration funded the Project Gunrunner scandal (Fast and Furious project) through the Stimulus Bills.  In an earlier post we noted how Federal agents pressured bonafide gun dealers in border states to allow unscrupulous gun transactions to be completed against the better judgement of the dealers, under the watchfull eye of the Federal agents. 

In addition to agents turning their heads and looking the other way as Mexican Drug Cartels purchased guns in America, Stimulus money was paying for the illegal activity.  Justice.org has located on page 96 of a report on this program, 2009, February, the Recovery Act signed into law, allocated $10 million to the ATF for Project Gunrunner.  The launch of the Project Gunrunner scheme was announced in March of 2009 under orders from Barrack Obama, by the Deputy Attorney General, at a White House press conference.

Stimulus money paid for Project Gunrunner.  Ten million dollars was allocated in the stimulus Porkulus bill to buy semi automatic rifles and revolvers and let Mexican drug lords take them across the border back to Mexico to use them on our Federal agents.

This is an impeachable act that is no less than treason.  This President has provided guns and money to enemies of the United States – namely the Mexican Drug Lords, who have used these very weapons to kill agents of the United States.  The Obama Administration is openly paying for illegal activity in order to manufacture a false premise to enact more gun control legislation.  In a effort to provide a reason to gin up support for taking our guns away, the legislative branch of our government has enabled drug cartels to purchase guns illegally for their own illegal activity.

The Supplemental Appropriations act in June, 2009, allocated an additional $67 million to the ATF for Project Gunrunner which means you can trace the money directly back to Obama.

Then in August, 2010, the Emergency Border Security Supplemental Appropriations Bill of 2010 allocated $37.5 million to the ATF for Project Gunrunner – more money from Obama’s stash.

If you add it up; $10 million in February, $67 million in June, and $37 million in August – that’s $114 million to the ATF specifically for Project Gunrunner that directly funds the Mexican Drug cartels and their arsenal.  All of it in a progressive liberal plan to create a reason for the American people to want more gun control laws and infringe our Second Amendment rights.  Isn’t that fascinating?

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Update on California AB144

Note:   There is further information on this bill in our article Further Update on AB144

Earlier today AB 144, the bill that would make it illegal to openly carry firearms in California has passed the next hurdle on its way to the senate. In a vote of 4-2 it passed the Senate Public Safety Committee. The bill which is authored by Anthony Portantino (D. – La Cañada) will now be on its way to the Senate Appropriations Committee for fiscal consideration.

Open carry has always been legal in California without a permit. The primary consideration is that the gun must be unloaded. Other conditions are that you may not carry in school zones, post offices, state parks and government buildings. If this bill passes it will make it a misdemeanor to carry a weapon openly anywhere in California, that is punishable with 1 year in jail and/or a $1000 fine.

As we stated in our earlier post California’s AB 144 To Ban Open Carry, this bill will do nothing to take guns from criminals as they don’t care what laws are in place as they don’t follow them. Law abiding citizens will be the ones to take the brunt of this one though and they will now have no way to legally carry protection without a concealed carry permit. And CCW permits are almost impossible to obtain.

Please contact members of the California Senate and voice your opinion on this blatant attack on our Second Amendment rights.  For a complete list of California Senators click here.

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California’s AB144 to Ban Open Carry

For more recent news on this legislation see: Update on California AB144

Gun Enthusiasts who live in California are about to lose some more of their freedom if the Legislature is successful with their latest bill to further control guns in the State.  California is currently a ‘may issue’ state that will allow concealed carry of a weapon if the gun owner obtains a concealed carry weapon permit (CCW).  Without a permit, it is against is the law to carry a concealed weapon in public.  However, it is perfectly legal to openly carry a weapon in a holster, not concealed, on one’s person so long as the weapon is not loaded.

State legislators are now attempting to make it illegal to carry a weapon openly, which has always been legal in California.  AB 144, which is unbelievably confusing to try and read, has been authored by Anthony Portantino (D. – La Cañada) is designed to strip us of our second amendment right to bear our arms.  On May 4, 2011, the bill successfully passed in the Democrat controlled Assembly Appropriations Committee.  And now, this morning, I hear that it also passed a vote in the assembly.  This liberal controlled legislature on the ‘left’ coast in California is bent on imposing their liberal agenda on the good citizens of the great state in yet another attempt to ultimately make guns illegal.

Open carrying of firearms has always been legal in California, just like walking down the street.  Carrying a firearm in California does not imply anything criminal.  Firearms are carried for self defense because the police cannot and do not defend you.  They will not be there when you are attacked, but will show up only after you have become a victim. Your safety is your own responsibility.  There is a saying that, “When seconds count; the police are only minutes away”.

At a time when many states are passing less restrictive gun laws, and in some cases legalizing open carry of side arms, California is going the other way and introducing more gun control laws.  Creating a law that criminals do not follow is not stopping gun violence, it is just making more innocent people susceptible to gun violence by those who don’t care about the law in the first place.  Florida is currently in the process of legalizing open carry.  Not California.  Wyoming just became a constitutional carry state.  Not California.

The Brady Bunch is also in on this abdication of personal responsibility and is lobbying to get it passed, or rather, ram it through. This bill seems to be traveling at break neck speed.  Just 12 days after it was passed out of committee, it goes up for a vote in the Assembly and passes.  The same legislature that can’t seem to find the time to put together a reasonable budget for the State, is able to find plenty of time to restrict our rights.

When the author of this bill, Anthony Portantino, learned of the South Bay Open Carry organization meeting at a restaurant in Pasadena (his home base) for dinner (all of whom were openly carrying) he was incensed and said, “I think most people on Main Street California want to go out with their families at dinner and to a movie and not have to worry about a group of folks who are armed at the restaurant or on the street next to them.”  I for one don’t necessarily think it is wise to poke the dog that is attacking you, but the SBOC does this sort of public display to make a statement, and to try to educate people.

Portantino, as most gun control activists, can’t seem to realize that these guns actually make an environment safer.  Perhaps if there had been a few gun toting people at the rally for Gabrielle Giffords, Jared Loughner would not have gone through with his murderous plan.

Gun Enthusiasts are encouraged to contact as many members of the State Senate, individually, as they can to oppose this legislation.

GE

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Further Update on Connecticut SB 1094

Good News!  The Connecticut Judiciary Committe had until April 15, (today) to render a decision on whether to advance SB 1094 to the full Senate for debate and vote.  As of today, it was not on the agenda and as a result, it is NOW DEAD.  It has died in committee and will not be going to the floor for a vote on its own.

However, it is always possible that this bill could be attached as a rider to some other must have bill.  Liberals are great for that kind of under handed tactic. They know that Liberal ideas cannot survive on their own in the arena of common sense so they will have to sneak it in somewhere they think we won’t notice.

We will have to keep our eyes open.

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