A New Year, a Host of New Laws

 

This is TTAG’s weekly roundup of legal and legislative news affecting guns, the gun business and gun owners’ rights. For a deeper dive into the topics discussed here, check out this week in gun rights at FPC

New year, new laws going into effect

Nevada governor steve sisolak gun control

Nevada Gov. Steve Sisolak (AP Photo/Ryan Tarinelli)

It’s the new year and governments across the country have resolved to infringe (more) on the rights of their people. In Nevada, this means the implementation of A.B. 291, which includes a red flag statute, bans bumpstocks and similar devices (we thought Trump already did this by fiat), and makes it a misdemeanor to leave a firearm in a place where it can be accessed by a minor under certain circumstances.

The red flag provisions of this bill are extensive, and the most minimal standard for permitting the state to take firearms from individuals is that the filing party “reasonably feared for their safety.” Thankfully a group of Nevadans are standing up to the state legislature, having filed for an injunction against this law in court this past December.

Also in Nevada, S.B. 143 requires nearly all firearms purchases and exchanges to be conducted using an FFL. In its infinite wisdom, the legislature noted that most Nevadans live within 10 miles of an FFL, but of course they failed to consider three things:

  • 1) the increased financial and procedural hurdle of having to go through an FFL to purchase or exchange a firearm;
  • 2) that almost nobody fails a background check in the first place; and
  • 3) that the NICS system is fundamentally busted. Nye County has responded like many Virginia counties, declaring itself a 2nd Amendment Sanctuary. Although this declaration was made by passing a resolution, which is merely an expression of intent and does not carry the force of law.

Hawaii is implementing its own red flag law as well, and it allows family members, police, doctors, and even neighbors petition to have firearms and ammunition seized by a star chamber court.

Some of the justifications for seizing your property include making a threat that is unrelated to the use of a firearm, “reckless” storage of a firearm, getting a DUI or public intoxication charge, or — bizarrely — recent acquisition of a firearm or ammunition. So don’t invite your neighbor into your house to show them that beautiful new barbecue gun you just bought.

Tennessee, on the other hand, has introduced a less-burdensome CCW licensing option. The new program is being criticized because it doesn’t require in-person training. While we’d prefer to see carry restrictions abolished entirely, progress is progress.

2020 also brings additional restrictions in — where else but — California. One of the 15 bills Governor Gavin Newsom signed last year, SB 61 bans the sale of centerfire semi-automatic rifles to persons under the age of 21.

So what is Nanny Newsom trying to tell Californians? Adults who up until this year have been allowed to vote, buy cigarettes, and serve in the military, aren’t deserving of the full compliment of their civil rights.

Certainly the irony of this scenario cannot be lost on the 184,000+ service members currently in California, especially not on the roughly 80% of Marines who are 20 or younger and stationed at 29 Palms. Despite what the state would have you believe, even sources unfriendly to us admit that laws like this have little to no impact.

Fort worth shooting somehow spurs gun debate

West Freeway Church Shooting Texas

In this still frame from livestreamed video provided by law enforcement, churchgoers take cover while a congregant armed with a handgun, top left, engages a man who opened fire, near top center just right of windows, during a service at West Freeway Church of Christ, Sunday, Dec. 29, 2019, in White Settlement, Texas. (West Freeway Church of Christ/Courtesy of Law Enforcement via AP)

In White Settlement, Texas, a murderer produced a shotgun and began firing at church parishioners. An armed man in the church immediately responded, taking down the attacker.

While the Lieutenant Governor of Texas lauded Jack Wilson, the man who stopped the murderer, gun-grabbers didn’t hesitate to claim this response would have been unnecessary if there had been adequate gun restrictions in the first place. This argument is absurd for a host of reasons.

Let’s not forget the odds of being involved in an event like this are remarkably low, and banning firearms from “sensitive places” like churches are more likely to disarm men like Mr. Wilson than murderers. This particular incident should serve to drive that point home. And the murderer had a fairly substantial rap sheet.

Northam wants a special gun grabber task force

Ralph Northam

Virginia Gov. Ralph Northam speaks to supporters at a Democratic victory party in Richmond, Va., Tuesday, Nov. 5, 2019. All seats in the Virginia House of Delegates and State Senate are up for election. (AP Photo/Steve Helber)

In continuing the ludicrous circus that has been Virginia politics for the past few months, Governor Ralph “Smooth Criminal” Northam is attempting to summon an 18-man posse to enforce any new state gun laws.

His plan? Spend $4.8 million of Virginians’ tax dollars on enforcement of new gun laws, despite 91% of the state’s counties openly opposing new gun control, declaring themselves Second Amendment sanctuaries.

The governor’s plan also includes hiring 10 more overseers to enforce new background check, purchase restriction, and red flag provisions. With multiple Virginia counties resolving to form militias, it seems pretty clear this policy lacks the consent of the governed.

Florida municipalities want to pass gun laws really super bad

Nikki Fried

Florida Agriculture Commissioner Nikki Fried (AP Photo/John Raoux)

A few weeks back we covered Florida cities’ desire to file a challenge to a component of the Sunshine State’s preemption law. Basically, local gun laws have been preempted in Florida since 1987. In 2011, a series of penalties were added for local governments that violated the law and restricted peoples gun rights anyway. Now, a group of cities are suing to try to get rid of these penalties.

The cities prevailed in the lower court, where the judge developed new theories of immunity shielding public officials from such fines. That decision is being appealed and the local governments are not having it. This week a big splash was made as state politicians took opposing sides on the question.

State agricultural commissioner Nikki Fried—a person every Floridian associates with the smell of gasoline because of her taxpayer-funded personal branding exercise—is taking the side of the ban-happy municipalities. Naturally this isn’t because she wants governments that agree with her to be immune from the law. Of course not. It’s about integrity. Or something.

The suit is a sham. The local governments want to be free from consequence for callously violating the law and turning the state of Florida into a minefield for law abiding gun owners.

There are good reasons for preemption. It’s hard enough having to take account of whether your right to a competent means of self defense will be respected on intrastate journeys, Floridians don’t need to worry about whether they’ll be imprisoned on their daily commute.

Fighting For Your Rights in the Digital Era

Since the colonial era, the town square has been the center for the free expression of ideas. As society has become less communal, the mode of expression shifted from town squares to shopping malls and eventually, to online forums and social media platforms.

The First Amendment protects the right to freedom of expression and assembly, but there’s a tension when speech is hosted by private companies. Because social media companies are non-state entities, no First Amendment protection exists on platforms like Facebook or Twitter.

So what do you do when these sites are the only avenues for the discussion of Second Amendment rights, especially when their leadership is openly hostile toward firearms ownership?

Chuck Rossi, who is the cofounder of Open Source Defense, and Cam Edwards, Editor at bearingarms.com sat down for a thoughtful discussion of how to fight for your rights under these conditions.

comments

  1. avatar Ed Schrade says:

    Time to sue for civil rights violations over the gun control measures in place and the new ones on the way.

  2. avatar former water walker says:

    Golly nothing from ILLinois…except NOW I have to be on the lookout for more pothead driver’s😩

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      Don’t sweat it, WW. You only might have to avoid the folks driving in reverse on the freeway to get to the exit ramp they just missed… 🙂

    2. avatar Darkman says:

      DAVENPORT, Iowa. (KWQC) – With the recent legalization of recreational cannabis in Illinois, many firearm owners have come to TV6 with questions:

      The Illinois State Police have clarified that they will not revoke your FOID (Firearm’s Owner’s Identification) Card solely for the reason of using recreational cannabis. However, someone who “is addicted to” or is “a habitual user of narcotics” is not allowed to possess or use a firearm.

      If it is demonstrated that someone is a habitual user or is addicted to cannabis, ISP will revoke a FOID card. Illinois State Police clarified on their Facebook saying, “The ISP would also revoke or deny the FOID cards of those who violate certain provisions of the Cannabis Regulation and Tax Act.”

      As a reminder, it is illegal to drive while under the influence of cannabis.

      TV6 has asked Illinois State Police to clarify “habitual user.” This is a developing story, check back for more updates.

      https://www.facebook.com/IllinoisStatePolice/posts/2811094682275175

  3. avatar Some guy says:

    Noticed darling Nikki’s picture on every gas pump in FL. What arrogance. Wonder how much these color photo stickers are costing…

    1. avatar Felix says:

      I wonder how many DON’T have mustaches, eye patches, and other adornments. I know I get mighty bored at the pump once I’ve washed the windshield and checked the oil.

      1. avatar Xavier says:

        Wow…She looks the Joker.

        With that fake cheeky smile, and V-shaped eyebrows, she looks like Jack Nicholson’s Joker.

        1. avatar Felix says:

          I hope you live in or at least travel in Florida and can provide examples 🙂

  4. avatar Prndll says:

    What do you do?
    Well, NOT use their (Facebook and Twitter) system! Use of their system is playing by their rules. When their rules mean something anti-American, then it’s time to move on.

    I’ve heard all my life about changing the channel if you don’t like what’s on TV. Well the same thing applies here.

    As for NICS:
    I’m not seeing too many people even interested in fixing it.

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      “I’ve heard all my life about changing the channel if you don’t like what’s on TV. Well the same thing applies here.”

      Like this? : https://americanhistory.si.edu/brown/history/1-segregated/separate-but-equal.html

      1. avatar Prndll says:

        No, not like that.

        That response doesn’t even make sense.

        1. avatar Geoff "I'm getting too old for this shit" PR says:

          “That response doesn’t even make sense.”

          YES it does, *try* and follow along with the explanation –

          You commented to the effect of “If you don’t like the channel, change it”. AKA, go somewhere else.

          I replied to the effect of “Separate but equal”, which is how Black children were denied an education because the school districts had separate schools from the white children. Blacks who claimed they were getting an inferior education were told the Black schools were every bit as good (“Separate but equal”) as the schools the white kids went to, even though it was clear Black schools were crap.

          Blacks sued demanding an education along side the white children. And got it, by court order.

          How that applies to my reply to your comment :

          You stated, “change the channel” (Facebook and Twitter), in other words, go to some other social media website.

          Fuck that noise. I demand equal accommodation on websites that claim they are for public use, be it Facebook, Twitter, YouTube, or *whatever* .

          “No gun content allowed” is the exact same as a “Whites Only” sign in the segregated South years ago in public places. Just like signs in public buses directing blacks to go to the back of the bus.

          Do you now understand the reference?

        2. avatar Prndll says:

          I understand that you worry about race too much.

          It sure sounds like you feel that you can’t exist without ‘social media’

    2. avatar Dude says:

      Definitely don’t use Google search or email. Stay away from facebook and twitter unless you need it for business. Nothing comes close to Youtube or Google Maps at the moment, unfortunately.

      1. avatar I Haz A Question says:

        Yeah, Mapquest was the first and best back in its time, but it took a dump and now doesn’t even work properly.

  5. avatar Kyle says:

    But but…all we need to do is sign petitions and protest and all will be well. No reason to be in any way concerned with all these new laws.

    We live in a constitutional republic and so our rights are protected by our government….honest.

  6. avatar Chris T in KY says:

    According to the Libertarians Liberals and the Left a Private company can’t “censor anyone”. Only the government can censor you they say.
    Until it involves sex.
    Years ago when newspapers stopped taking graphic XXX movie Ads and later stopped taking any sex movie advertising. The three L’s squealed like stuck hypocrite pigs.
    Recently the Hallmark Channel dropped advertising for a homosexual love film. The protests came loud and clear. So it’s not just a “private company choice” issue as the three L’s try to say with a straight face.

    When black people were refused ad space I was told that is ok. Its freedom to NOT have an ad in your paper (1960s and before) I was told. The fact that NO WHITE OWNED paper took any black advertising in the entire country didn’t matter. The conduit for delivering black newspaper across the country was the railroad. And the RR companies would fire any employee who had a black newspaper. Tossing newspapers from a moving train when passing through the black section of town was common.

    So when private internet companies ban any and all gun information from their businesses that will be ok correct? Unless the ban involves sex correct?

    Now let the irrational and troll and lack of honest responses start in 3, 2, 1…

  7. avatar Vlad Tepes says:

    ””””””””””””””””””””””””Tennessee, on the other hand, has introduced a less-burdensome CCW licensing option. The new program is being criticized because it doesn’t require in-person training. While we’d prefer to see carry restrictions abolished entirely, progress is progress.””””””””””””””””

    People from Tennessee never cease shouting to the world what ignorant hill jacks they are. Its pure insanity to issue a concealed carry license and not have any mandatory training in regards to the laws that instruct a person on when he can and cannot shoot. And some basic gun safety training is necessary also. Of course when would hillbillies ever agree on any common sense laws. For the hillbilly even the body count of their own children can never be too high.

    ”””””””””””””””””””””””””’Certainly the irony of this scenario cannot be lost on the 184,000+ service members currently in California, especially not on the roughly 80% of Marines who are 20 or younger and stationed at 29 Palms. Despite what the state would have you believe, even sources unfriendly to us admit that laws like this have little to no impact.””””””””””””””””””””””

    Since even the Military does not trust its young immature and often hot headed recruits to carry guns on base or even at recruiting stations and many school shootings are done by students with assault rifles, the 21 year old requirement for ammo makes a lot of sense.

    ==========================His plan? Spend $4.8 million of Virginians’ tax dollars on enforcement of new gun laws, despite 91% of the state’s counties openly opposing new gun control, declaring themselves Second Amendment sanctuaries.

    The governor’s plan also includes hiring 10 more overseers to enforce new background check, purchase restriction, and red flag provisions. With multiple Virginia counties resolving to form militias, it seems pretty clear this policy lacks the consent of the governed.======================

    Have you noticed that whether its Gov. Northam or Herr Drumpf attacking Iran and gunning down its top leaders in an orgy of a blood bath that no one questions if there is enough money to pay for this and more senseless never ending wars but when it comes to health care, drug prices or money for more mental health care the Republicans scream we cannot afford it. When making war on foreign civilians (Trump) or American civilians (Northam) there seems always to be an unlimited amount of ready cash.

    Jimmy Carter recently said “Americans are the most warlike people on earth” and I might personally add what the U.S. has spent since WWII far surpasses the amount of money the German Nazi’s spent on WWII and the U.S. is fast catching up to the Nazi body count of innocent civilians killed as well.

    1. avatar Void says:

      No license in VT, NH, and ME and they are some of the safest states in the country. Your argument seems flawed.

      1. avatar Vlad Tepes says:

        Documentation on that statement that people in those states do not shoot people when they legally should not or have accidents because of a lack of training?

        If you had been to the concealed carry class I attended you never would have made such a statement. I saw unsafe gun handling and people making statements that amounted to the fact that they thought they had a license to gun someone down if his neighbors dog shit on their lawn. This was why they had to take the class to set them straight on the laws and safe gun handling.

        1. avatar Void says:

          And yet crime and accident statistics will never support your view.

        2. avatar Vlad Tepes says:

          “”””””””””””””””””””””””””””And yet crime and accident statistics will never support your view.””””””””””””””””””””””””””

          You forgot to say “In your opinion”

          Just like your opinion that 2nd hand guns do not find their way to Chicago and Canada so no need to vet them.

        3. avatar Void says:

          Vlad your opinions infest every one of your posts. Stolen guns come from all over and will always make their way to the right price regardless of laws borders and enforcement just like drugs and migrants. We can clamp down on any of these at the cost of our liberty to quickly diminishing returns. At this point marijuana vape pens are a bigger emerging threat to kids and even including suicides and all flavor of murders pools kill more kids per year and drunk driving exceeds the same number in a month. Your data is myopically focused on your views and inaccurately portrayed. Let me know when you can prove any of your points.

        4. avatar Vlad Tepes says:

          “”””””””””””””””””””””” Let me know when you can prove any of your points.””””””””””””

          Ha you make me laugh. How many times do I have to refer to the Chicago Study, how many times to numerous Police studies, how many times to the fact that without safe storage laws guns are way to easy to smash and grab steal not only out of homes but gun stores as well.

        5. avatar FormerParatrooper says:

          ” I saw unsafe gun handling and people making statements that amounted to the fact that they thought they had a license to gun someone down if his neighbors dog shit on their lawn. ”

          I call bullshit. That sentence has been repeated in one form or another for at least 20 years by people who for gun control. Maybe it is possible that one of the many parrots may have had that experience, but I doubt you did.

          You often make these hyperbolic statements straight from the standard gun control arguements passing them as your own experience. Your not Forrest Gump, just someone pretending to be.

    2. avatar Vladzatwit says:

      You’re funny Vlad. Such silliness, suggesting that socialism, actually communism, will solve anything. You had me for a fraction of a millisecond on that UN intervention thing too! You’re a regular cut up there!

      1. avatar I Haz A Question - Look, I'm Vlad Tepes Everyone! says:

        That’s not “real Vlad”. It’s his little brother trying to copy him. Real Vlad has an avatar.

        Anyone can pretend to be Vladskie, and many here do, apparently. It’s easy to just use his name, if you want to be a jerk.

        See?

  8. avatar JP Ruiz says:

    Regarding State Preemption, Florida and Virginia show the twisted, warped, scumbag level hypocrisy of the Maoist F***-up Democrats and their Stalinist Agenda of Do as I Say but Not as I Do. Of course, when you have Wallstreet and Silicon Valley based Democrat Party Billionaire Donors spanking you with their $cash, you’ll feel like you can do whatever you like.

    Virginia Democrats: “We have State Preemption Laws. Your 2nd American Sanctuary Status is Null and Void”.

    Florida Democrats: “Please Obama Judges; Use your Federal Level Judicial Activism to remove State Preemption Laws. BTW, it’s only for stricter gun laws; you little gun-owning peasants better do as we Progressives say”.

    This of course goes on as Democrat States nullify Federal Immigration Laws to harbor their Illegal Alien Filth, and the future Democrat Votes they’ll bring.

    1. avatar frank speak says:

      ….and the craziness continues….

    2. avatar Vlad Tepes says:

      To JP Jack Boot Ruiz

      “””””””””””””””””””””””””””””This of course goes on as Democrat States nullify Federal Immigration Laws to harbor their Illegal Alien Filth, and the future Democrat Votes they’ll bring.”””””””””””””””””””””””

      The only filth I see here are Racist Right Wing Nazi’s like you. And we do not need illegal immigrants to beat you in 2020 we have lots of legal ones and signed up as radical left wing Kamarads. By 2030 we will be running the U.S. and you will be in the minority so we can finally have a civilized America.

      1. avatar Void says:

        Meth not even once.

      2. avatar FormerParatrooper says:

        History has shown the very people you claim to support are the first people socialist revolutions purge.

        Your not old enough to understand what socialism is and the failures it has brought to the people. The socialism you believe in is not possible as it is against human nature. Human nature has not changed since we left the savannahs and caves and walked upright.
        It certainly will not change in our lifetimes. People have taught you that socialism cures the ills of society. Have they shown you just one example of a socialist society that has brought peace, tranquility and wealth for all citizens equally? They may point to Scandinavian countries, or even places in Europe. None of those places practice the socialism that is being proposed and those societies are generally one ethnic race, with little immigration, in fact immigration to those countries is more restrictive than our Country. I don’t see your teachers petitioning them to accept their fair share of black and brown immigrants.

        Truth is no system is perfect, and no system will ever be as long as humans are human. So far capitalism has shown that the marginalized can become wealthy as much as the non marginalized. Our Country has been a work in progress from day one, and we mostly get it right, eventually. Did you expected the child of a white woman and a Kenyan man who left his family could grow up and become President of the US? Most children in his place would have resigned themselves to failure because they are told by people like you that we are marginalizing them and keeping them down. As much as I did not agree with his politics, he is an example of what capitalism can offer.

        Socialism would not allow for 44 to be possible, the privileged class would not allow it.

  9. avatar American Patriot says:

    Good….I like the video cause sometimes I’m just not in the mood for a long read.

  10. avatar Ralph says:

    Eventually, everybody will commit a felony or two and get jammed up for it. Which is great, because then everybody will despise government. As they should.

    1. avatar strych9 says:

      These days if you’re not committing felonies you’re doing it wrong.

  11. avatar Dude says:

    The blueprint for decreasing violent crime is out there and well known. It involves more policing in high crime areas and applying the broken window theory. Unfortunately, the current trend is to do the exact opposite of this, all while going out of their way to punish lawful firearm owners as a way to virtue signal and punish political opposition.

  12. avatar strych9 says:

    Getting a DUI or public intox charge…

    Hawaii has scraped through the bottom of the barrel and is now working on improving that two foot deep hole in the floor. Ah well, WoD mentality gonna keep warring on your rights.

    1. avatar Widdler says:

      Yep, and i can tell you from experience it’s true. A DUI in 2006! Showed up on my last backround check this past May, state ordered relinquishment of all my firearms (legally purchased all these years) until i get clearance from a licensed Phd, Psy, Md, or Aprn. Good luck finding one of them willing to do it around here, took me 6 months to finally find one. Said i need 16 sessions to establish treatment, 1 per week, my 8th is this friday. Hoping i can finally get my gear back by April, i’ve been stuck playing score keeper on our trips to the range all this time.

      1. avatar strych9 says:

        A DUI damn near a decade and a half ago. Fuck dude, you’re an arch criminal.

        Yet another reason to not support DUI as even being a crime.

  13. avatar LUVITORLEEVIT says:

    What in the HELL is wrong with you people? VLAD TEPES, You can SUCK MY GUN LOVING COCK! You don’t belong here. You need to be in Venezuella or Iran or somewhere, where your opinion matters. YOU ARE A FUCKING MORON PIECE OF SHIT.

    1. avatar Vlad Tepes says:

      We need to deport ignorant uneducated out house guys like you. You are in the minority of gun owners. The majority of gun owners support universal background checks. The latest pools show 90 per cent of all republicans support Universal Background Checks. Safe Storage laws are widely supported as well. Please leave for Beirut or Afghanistan were you belong.

      1. avatar Someone says:

        If we need to deport ignorant uneducated out house guys I hope you have your bags packed, Drac.

    2. avatar strych9 says:

      Wow, first day on the interwebz freakout. Don’t see that here super often.

  14. avatar FormerParatrooper says:

    90 percent of the polls told us HRC would be elected. What’s your point about?

  15. avatar Will Drider says:

    I wonder how many of those Nikki Fried State funded portraits on gas pumps will end up with “Gun Grabber” written across her face? Probably on business Scaled in the medical pot shops too but I’ll never see those.

  16. avatar possum, and the "Coons of Doom" says:

    The Red Flag,,( funny if you think about stars, hammers sickle’s) ,,Law, nope sounds good but Nope, somebody get swatted, yup, swat shows up yup, bangiddy bang bang nope., . ,,, Vote Fck U on the red flag law. ,,. hey I got my papers from the nut house, not so good, I can stand trial.

  17. Man! After the next civil war ends. I’m going to go to the public squares to watch all these LibTURD, Demo-Authoritarians getting hung! I’m bring some food from Chick-fil-A just for the show! I’ll thank ALL the Patriots!

  18. avatar Chaos anyone says:

    What about the evergreen state Washington State is gonna become like California state. Had my ccw first one since 2016. Got a second one they call it cpl now. Been carrying my gun since 2016. Now they passed law a in January of 2019 now we are a red flag state. Same old shit never changes. What makes it bad is you got these 20 something year olds committing mass killings with guns or they are mentally depressed. Probably because of women they can’t get or whatever this me too movement is bullshit. Thank the feminists too. So they take it out on people and go crazy. It is just making it bad for law abiding citizens.

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