Category: A Victory!
A peaceful Chicago neighborhood received a shock last month when an 80-year-old man defended his home from two intruders.
The homeowner, who is a holder of a valid FOID card, was inside his home in the 8500 block of West Catherine when two individuals knocked on his door at 10:30 am. Upon opening it, the intruders, a man and woman, forcibly entered the home and a scuffle ensued.
However, the determined homeowner didn’t give up without a fight and managed to fire a shot, striking the man in the chest. The second intruder, the woman, escaped unharmed.
The homeowner sustained several injuries in the altercation, including a severe head injury, and Fox32 reports that he was rushed to Resurrection Hospital in critical condition.
The two perpetrators fled the scene but eventually sought medical treatment at the same hospital. The perp who was shot was admitted in critical condition. Since then the police have gained custody of both intruders. Charges are still pending.
U.S. District Court Judge Zahid Quraishi, a Biden appointee, killed a new law that was widely celebrated by anti-gun Liberals and Democrats. The law would have allowed the state to shut down, and likely bankrupt, the firearms industry if a single gun were misused in a crime.
The Federal Judge said that he agreed with the gun industry that the New Jersey law was likely unconstitutional and granted the National Shooting Sports Foundation a preliminary injunction.
In a 20-page opinion, the Judge said that the New Jersey law signed last summer by Gov. Phil Murphy ignored a larger federal law (the PLCAA) that protects the makers of guns, and other items, from being dragged into court when somebody misuses their product.
Here’s a recap of Gov. Phil Murphy’s package of anti-gun measures:
Judge Quraishi said that the federal 2005 Protection of Lawful Commerce in Arms Act (PLCAA) gives immunity to gun and ammo makers and sellers against the types of public nuisance laws Murphy championed.
“The court is mindful that firearms are inherently dangerous and even more so in the wrong hands,” wrote the judge, “but it is also mindful that the PLCAA embodies Congress’s earnest effort to balance those dangers against the national interest in protecting access to firearms.”
Mark Oliva, the spokesman for the National Shooting Sports Foundation, told a Washington Examiner reporter, “It’s a basic understanding of tort law. It’s the foundation of the Protection of Lawful Commerce in Arms Act, that anyone that criminally misuses a firearm or a product is responsible for the damages caused by their crime, not the person that lawfully made, lawfully sold that product.”
In an initial filing last November, the NSSF said the New Jersey law “is squarely preempted by federal law. In the late 1990s and early 2000s, several state and local governments sought to use novel applications of common law theories like negligence and nuisance to impose civil liability on manufacturers and sellers of firearms and ammunition when third parties misused their products. Congress saw these lawsuits for what they were: unconstitutional efforts to stamp out lawful and constitutionally protected activity.”
FILE – Assault rifles are displayed at Coastal Trading and Pawn, Monday, July 18, 2022, in Auburn, Maine. (AP Photo/Robert F. Bukaty, File)
SPRINGFIELD, Ill. (AP) — An Illinois appellate court on Tuesday upheld a temporary restraining order on enforcement of the state’s three-week-old law banning semiautomatic weapons, enacted largely in response to the mass shooting at an Independence Day parade in the Chicago suburb of Highland Park.
A three-judge panel for the 5th District Appellate Court affirmed the restraining order issued Jan. 20 by a circuit judge in Effingham County.
Illinois Attorney General Kwame Raoul, a Democrat, plans to appeal the ruling to the state Supreme Court.
The Protect Illinois Communities Act prohibits the manufacture or possession of semiautomatic handguns and rifles. Those who owned them before the Jan. 10 effective date of the law must register them with the Illinois State Police by Jan. 1, 2024.
Hundreds of gun owners, merchants and advocates filed suit in Effingham, about 101 miles (160 kilometers) northeast of St. Louis, seeking the restraining order. They argued that the Legislature improperly enacted the law and that by exempting some classes of people — law enforcement, corrections officers, retired police officials — denied potentially millions of other gun owners equal protection under the law.
Plaintiffs’ attorney Thomas DeVore, a Republican who ran unsuccessfully last fall for state attorney general, said the equal protection argument under the Constitution’s 14th Amendment was persuasive in upholding the restraining order.
The law became a priority for Democratic Gov. J.B. Pritzker and Democrats who control the General Assembly after the Highland Park shooting, which left seven dead and injured 30.
Illinois is the eighth state, along with Washington, D.C., to restrict such guns.
The attorney general’s office said it would seek an expedited schedule of proceedings from the state’s high court.
“The Protect Illinois Communities Act is an important tool in what must be a comprehensive approach to addressing gun violence throughout Illinois, and we remain committed to defending the statute’s constitutionality,” spokesperson Annie Thompson said in a statement.
DeVore said the restraining order applies only to the plaintiffs, which include gun dealers that may continue selling the weapons, and that it must be followed by all circuit courts in the state, even outside the 5th District, unless an appellate court elsewhere holds differently.
OKLAHOMA CITY, Okla. (KFOR) – Some sheriff’s offices across Oklahoma are standing against the enforcement of a new gun rule from the U.S. Department of Justice that expands the definition of short-barreled rifles to include pistols with stabilizing braces. These sheriffs assert that the new rule contradicts the Oklahoma Second Amendment Sanctuary Act.
On January 13, the DOJ submitted the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ “Stabilizing Braces” Final Rule, “which makes clear that when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16 inches, commonly referred to as a short-barreled rifles, they must comply with the laws that regulate those rifles, including the National Firearms Act (NFA).”
Attorney General Merrick B. Garland said the rule “makes clear that firearm manufacturers, dealers, and individuals cannot evade these important public safety protections simply by adding accessories to pistols that transform them into short-barreled rifles.”
elbach explained further.
“Short-barreled rifles have the greater capability of long guns, yet are easier to conceal, like a pistol,” he said. “But certain so-called stabilizing braces are designed to just attach to pistols, essentially converting them into short-barreled rifles to be fired from the shoulder. Therefore, they must be treated in the same way under the statute.”
On Tuesday, Oklahoma County Sheriff Tommie Johnson lll said per the Oklahoma Second Amendment Sanctuary Act, his office cannot enforce the rule established by the DOJ since it’s not a federal law.
“This state statute creates a contradiction,” he said. “Therefore, I have instructed my deputies, if you encounter someone in possession of a pistol with a stabilizing brace during a low-level incidental contact like a traffic stop, traffic collision, or a motorist assist, deputies are not to take any action in regard to enforcement of ATF Final rule 2021R-08f… In other words, if a deputy encounters someone with a pistol equipped with a stabilizing brace, they will take no action against that person unless that person is using the weapon in the commission of a crime.”
Sheriff Damon Devereaux of Logan County and Sheriff Jim Mullett of Garvin County announced similar positions on Wednesday and Thursday, respectively.
“The Logan County Sheriff’s Office stands with our neighbors to the South, Sheriff Tommy Johnson lll, and The Oklahoma County Sheriff’s Office and any other Sheriff’s Office or other Law Enforcement in defense of rights,” Devereaux said, citing Oklahoma State Statutes 1289.24d and 1289.24e.
Joshua Harris-Till, a leader with the Oklahoma chapter of Moms Demand Action, disagrees with the stance.
“The sheriff’s office should uphold this new rule because it is just a clarification on the short-barrel firearm laws already on the books,” he said. “It shouldn’t be something that we’re saying is a threat to the Second Amendment. All it is is a clarification.”
He explained how enforcing the rule of registering pistols with stabilizing braces as short-barreled rifles will make things better.
“It doesn’t make them illegal, inherently,” he explained. “What it makes is an opportunity for you to register those guns to show that you are a responsible gun owner and that your guns won’t be used in any of the crimes that are happening. And that’s going to help us kind of determine which guns are supposed to be on the streets and which guns aren’t. And so, if you really support responsible gun ownership, you should be in favor of this law and in favor of the registration so that we can figure out how to end gun violence.”
The DOJ said beyond background checks and serial numbers, the heightened requirements for short-barreled rifles include taxation and registration requirements that include background checks for all transfers including private transfers.
The new rule allows for a 120-day period for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule. Other options including removing the stabilizing brace to return the firearm to a pistol or surrendering covered short-barreled rifles to ATF. Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.
Connecticut Gov. Ned Lamont announced a series of proposals aimed at curbing gun violence in the state during a press conference in Waterbury on Monday.
The proposals, which will be introduced during the 2023 legislative session include:
- Banning open carry of firearms in public
- Allowing concealed carry with a permit except in certain locations
- Limiting handgun purchases to one per month
- Updating the state’s ban on unregistered “ghost guns.”
These proposals will be part of the governor’s package of priorities for the 2023 legislative session, which he plans to present to the Connecticut General Assembly in February.
Gov. Lamont’s plans were also introduced in a press release via his official site.
Even though Lamont acknowledged that Connecticut is one of the safest states in the country, he claims the reforms are “commonsense” and even necessary due to rising rates of gun violence around the country.
“It’s our responsibility to implement policies that keep our homes and our neighborhoods safe, and we have to take every opportunity to keep our residents protected,” Lamont said. “These commonsense reforms will protect our neighborhoods and the people who live in them.”
State Sen. Gary Winfield and State Rep. Steven Stafstrom, co-chairs of the Judiciary Committee, praised the governor’s proposals.
“I have seen the success of our state-supported community violence intervention programs up close and personal,” Winfield said. “They are critical to addressing and preventing gun violence in our communities, where strict gun laws fail to stop gun-related crime. We have the ability to address the root causes of gun violence and get to the individuals at risk of committing these offenses.”
Stafstrom agreed with Winfield.
“These critical reforms attack gun violence in our neighborhoods from every angle,” Stafstrom said. “I’ve supported some of these proposals in the past, and I look forward to working with the committee and the governor to get a commonsense gun violence package accomplished this session.”
According to Fox News, Republicans in the Democratic-controlled legislature took issue with the governor’s proposals, criticizing him for putting law-abiding citizens at risk while not placing enough emphasis on criminals.
“Today the Governor and Democrats pitched a familiar path to an ‘everybody problem’ by offering proposals that will again have law-abiding gun owners carrying most of the freight,” said House Republican Leader Vincent Candelora. “Missing from their news conference was any talk about focusing on the people who are squarely responsible for causing mayhem in our communities.”
The Governor’s proposal also includes allocating an additional $2.5 million for the community gun violence intervention and prevention program, which will continue funding for the staff at the Department of Public Health who oversee this program and also provide grants for community-based violence intervention organizations.
During Lamont’s time in office, he’s made gun control one of his primary goals. Starting in 2019, he made so-called “ghost guns” illegal unless the purchaser receives an official serial number from the state. In that same month, he banned gun owners from leaving their firearms unsecured in vehicles and homes. Part of that legislation was called “Ethan’s Law” in honor of 15-year-old Ethan Song, who was accidentally shot and killed while handling a .357 Magnum at his neighbor’s house.
This press conference took place less than a year after Lamont announced a $64 million dollar proposal for gun control which he claimed was supposed to address rising crime rates in the state.
“You’re not tough on crime if you’re weak on guns,” Lamont told reporters at the state Capitol in Hartford. ”We’re going to continue to stay tough on guns.”
