Bitter – Page 17 – Shall Not Be Questioned

Missouri Ballot Initiative Pays Off

Ballot initiatives are risky things. In the end, Missouri’s gamble on strengthening their constitutional protection for the right to keep and bear arms paid off with a final result of 61%-39%.

However, that still shows that upwards of 40% of the voters in a primary election in what is perceived to be a red state were opposed to protecting the right to bear arms.

Ballotpedia notes that the new amendment makes the following changes:

Section 23. That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned~~; but this shall not justify the wearing of concealed weapons~~. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those duly adjudged mentally infirm by a court of competent jurisdiction.

According to their late July tallies of spending by advocates and opponents, Bloomberg’s new group alone spent more than the pro-gun side, but still lost.

James Brady Passes Away

News is breaking today that James Brady died at 73 years old. As most of you know, he’s the man that the Brady Campaign is named after.

I honestly don’t have much to add since I don’t remember the assassination attempt (I was only 3 months old), and that’s interesting to consider when you look at the Brady Campaign branding. For many of their post-Newtown followers, today’s news articles may be the first time they are hearing about the context of the name.

DC Gets 90 Days

We knew the District of Columbia would likely file for a stay to the ruling allowing carry, and they did yesterday near the close of business. This morning, the federal judge granted it, but only for 90 days instead of the requested 180 days. This is one reason most people were urging folks not to carry in DC while this case in process.

It will be interesting to see what happens come October 22 – the deadline. It’s clear that the DC police proved they could come up with a somewhat workable policy on the fly with multiple memos that covered most situations for lawful carry. I see no reason why the DC City Council can’t come up with a clearer policy similar to the Police Chief’s in 90 days – assuming they don’t just appeal this and hope for more favorable decisions.

The DC Firearms Carry Memo

Alan Gura posted the memo that went out the DC police officers about how to handle carry situations. He specifically posts this important detail with the memo:

The District has indicated that they will seek a stay of the decision. If a stay were to be granted, this policy would doubtless change, and I canâ€™t guarantee that Iâ€™ll be able to update this blog post in real time. So be careful out there.

Looking at the memo and the scenarios they outline, it does appear that anyone caught carrying will have all of their information taken down and the police will pursue “potential further investigation” even if they are perfectly lawful to carry at the time they stop you.

Carrying in DC

Well, we’re to Monday morning and it appears there’s no change in the situation from Saturday evening when it comes to the Washington, DC gun situation. In fact, last night Emily Miller was reporting on Twitter that the DC police have apparently conceded on the carry issue for the time being.

STUNNING DEVELOPMENT: DC Police Chief Lanier just told force not to arrest a person who can legally carry a gun in DC or any state.Â

— Emily Miller (@EmilyMiller) July 28, 2014

More — DC police chief using guidance from AG — grants full reciprocity for all open and concealed carry from others states.

— Emily Miller (@EmilyMiller) July 28, 2014

Only gun arrests now in DC can be DC residents with unregistered guns and non-residents who are prohibited under federal laws.

— Emily Miller (@EmilyMiller) July 28, 2014

Dave Kopel notes that before you strap a gun on your hip and head into DC, you should probably try to find out more about this very fluid situation.

As of 1:30 a.m. ET on Monday morning, I was not able to find a copy of Chief Lanierâ€™s order on the websites of the D.C. Police, D.C. Attorney General, or city government. It would be helpful for non-residents who seek to comply with the D.C. governmentâ€™s interpretation of the current situation if the order were speedily made available to the public.

And he also reminds people that there are many laws on the books that were not invalidated by the court.

Nothing in the District Courtâ€™s opinion invalidates the D.C. ban on magazines holding more than 10 rounds. Nothing in the opinion addresses the numerous federal and D.C. laws which prohibit carry in a huge number of locations within the Districtâ€“such as most federal buildings, lots of federal property, as well as schools and colleges. (The D.C. â€œschoolâ€ ban even encompasses a school of cosmetology whose students are all adults.)

The Best Article on the Yeadon Doctor Shooting

Many of you have probably read the story that broke yesterday evening about the doctor who saved his life and is credited with saving numerous others by pulling out his own legally carried firearm and shooting a mental patient who had just shot his caseworker and tried to shoot the doctor. But I have to say for a case that’s still unfolding today, the Daily News has probably the best story I’ve seen on the situation and people involved.

They highlight that the shooter was known as a threat to himself and others, having been involuntarily committed by his local police department two times in the last 5 years and has a known criminal history of firearm and drug offenses. It will be interesting to see if he stole the firearm he used given that he does have a history that includes robbing a bank, according to their research.

They tracked down neighbors at his last known address and none of them were remotely shocked. They said he was clearly deeply troubled, and a friend of an ex-girlfriend of the shooter even said that the guy was a heavy, heavy drug user and claimed he got violent with the girlfriend and kicked her in the stomach while she was known to be pregnant.

In other words, this is a violent, drug addicted mentally ill person who, while in “care,” was allowed to roam the streets and continue committing crimes up until he murdered a woman who was trying to help him in cold blood and tried to take out the doctor, too. The police chief stated that he believes the shooter would not have stopped with the people in the room, and he credits the doctor with keeping the tragedy from turning into a mass shooting.

The shooter was clearly prohibited from possessing firearms, and Pennsylvania already has mandatory background checks on private sales of handguns. You’d think this would make it clear to the other side that the problem lies with our mental health and legal systems. But, no, they still blame the gun even though one in the hands of a lawful owner helped save lives.

Winning with a Case Dismissal

From NRA today:

Earlier this year, the National Rifle Association (NRA) sponsored litigation against the state of Illinois for its unconstitutional system of denying concealed carry licenses without any notice or opportunity to be heard. Before the Illinois State Rifle Association (ISRA) filed suit with NRA backing, many residents were denied the right to carry a firearm without any indication as to why the state had concluded they were a danger to themselves or others. Furthermore, the state of Illinois also denied these individuals any opportunity to rebut this unsubstantiated conclusion.

The ISRA, with the backing of the NRA, challenged this scheme as a violation of due process, and the State effectively conceded as much by ending this unfair treatment of law-abiding Illinois citizens. In light of this act of submission by Illinois, the current suit has been voluntarily dismissed.

Taking Down a Criminal with a Rifle from a Moving Motorcycle

Usually, we have reasons to highlight when cops get something really wrong. Today, I’d just like to highlight a case with an absolutely awesome sheriff’s deputy who really did some good for people today. This video is most of the finale of an incident near Denver that (allegedly) included 4 carjackings/attempted carjackings:

That motorcycle you see fly by on the right around 1:34 with the gun extended as soon as it passes the passenger vehicle and the officer who (off camera) jumped off that bike and chased the suspect, got him to drop his rifle, and then took him down with his bare hands, is the father of one of my dearest college pals – the very woman who actually introduced me to firearms. I’m so happy that he’s okay, and not at all surprised by it. She’s made of awesome, so clearly her parents must be, too.

Moving On

So far, all of the news about gun companies moving to more free states has been news about expansions happening in those states. Beretta changed that today with the news that they will pull their manufacturing out of Maryland and move it all to Tennessee.

Beretta USA is moving all of its Maryland manufacturing operations to its new production facility in Gallatin, a move that will greatly accelerate the company’s plans to add 300 jobs in Middle Tennessee, the company announced today.

They currently plan to keep their executive offices in Maryland, but we’ll see how long that lasts. Specifically, they cite the threat of more gun control in the Old Line State as the reason for going ahead and pulling up all manufacturing operations out of the area.

Philadelphia Legal Smackdown

Remember two years ago when it came out that Philadelphia disclosed personal information about some license to carry applicants in violation of state law?

They were people who were initially denied licenses and were in the process of appealing the denial, and many of them seemed like highly questionable denials.

Well, several of those folks did call lawyers who worked to sue the city and ended up with a great settlement.

From Josh Prince, one of the four attorneys on the case:

…the City will pay $1.425 million to the class and will be separately responsible for the costs of administering the settlement… Further, and of similar importance, the City has agreed to a number of policy changes…:

Not to disclose LTCF applicant information either electronically or in-person;

Annual training of the Philadelphia Police Department and Philadelphia License and Inspection Board of Review on the confidentiality of LTCF applicant information;

Customer service training for the Philadelphia Gun Permit Unit;

Posting a copy of the LTCF Application Notice on its website and where LTCF applications and appeals can be submitted or obtained, as well as, providing a copy to anyone who has his/her LTCF denied or revoked;

The City will not required references on the LTCF application and will not contact any references listed on the LTCF application;

The City will not require lawful immigrants or US Citizens with a US Passport to provide naturalization papers;

The City will not require any applicant to disclose whether he/she owns a firearm during the LTCF application process;

The City will not deny an application because the applicant answered â€œnoâ€ to any question regarding whether the applicant had been charged/convicted of any crime where the applicant received a pardon or expungement from the charge or conviction;

The City will process all LTCF applications within 45 calendar days;

The City will remit $15.00 to any applicant who is denied within 20 days;

The City will not require LTCF applicants or holders to disclose to law enforcement that they have an LTCF, that they are carrying a firearm or that they have a firearm in the vehicle; and

The City will not confiscate an LTCF or firearm, unless there is probable cause that the LTCF or firearm is evidence of a crime. In the event an LTCF or firearm is confiscated, the officer must immediately provide a property receipt, which shall include the pertinent information

All of the attorneys in this case deserve huge kudos: Benjamin R. Picker, Jonathan Goldstein, Jon Mirowitz, and obviously, Josh Prince.