This Week in Gun Rights is TTAG’s weekly roundup of legal, legislative and other news affecting guns, the gun business and gun owners’ rights. For another look at the topics discussed here, check out this week in gun rights at FPC.
Everytown is mad about gun signage
If you don’t want people carrying firearms in your establishment in Texas, you can put up signage to notify gun owners that you are a weak, hoplophobic loser. This puts them on notice that going into the business with a firearm is a trespass, and that it is thus likely a stupid business undeserving of their coin.
Apparently Michael Bloomberg’s Everytown for Gun Safety has a problem with providing this kind of clear, unambiguous notice, and has filed suit against the state. They claim that the sign requirement is a burden on business owners and is a violation of their right to free commercial speech. Everytown argues that anti-gun business owners should be able to put up whatever sign they so please.
Weirdly, this is something we agree on. Business owners should be able to express themselves as they please, whether it’s advertising guns or telling people they don’t want them to carry in their stores.
But the Texas law exists for a reason. By telling people they can’t carry in an establishment, they’re laying the groundwork for filing a criminal trespass charge against gun owners who choose to ignore the store owner’s anti-gun prejudice. It’s simply good public policy to give people adequate notice that they are about to break the law if it’s not readily apparent while engaging in otherwise ordinary human activities.
Think about it. If the speed limit dropped on the highway and there was a warning sign written in Japanese sitting at the bottom of a roadside fishbowl, would it be reasonable to enforce the limit? Of course not, and that’s why Texas has some requirements before business owners can make criminals out of ordinary people.
Alabama politician wants “mental health courts”
Alabama doesn’t have a red flag law, and that’s a good thing. The bad news is that the state has passed a bill that requires probate courts to share mental health information with law enforcement databases; something that is constitutionally dubious and is an obvious attempt to discreetly sidestep the Constitution.
But it gets worse: now a lawmaker in Baldwin County is pushing for the establishment of a mental health court at the county level. According to Representative Matt Simpson (R-Dist. 96), the goal is to catch people before they commit crimes, and the mental health court would have the authority to order people to receive treatment against their will.
This sounds kind of familiar, doesn’t it? I don’t know about you, but given the state of mental health treatment in Alabama (and many other states), that sounds like a terrible idea and is, quite frankly, tyrannical. Helping people get the help they need is a good thing, but not at the cost of their liberty, Mr. Simpson.
Federal appeals court refuses to hear mental health case
On Tuesday, the federal appeals court for the Ninth Circuit declined a petition to rehear a case brought by an individual seeking to have his gun rights restored after he became a prohibited person following an involuntary psychiatric commitment more than twenty years ago. In the dissent to this decision, Judge Patrick Bumatay, a Trump nominee, wrote,
Today, our court advances an extraordinarily sweeping view of government power. Against the text, history, and tradition of the Second Amendment, we hold that the government may forever deprive a person of the individual right to bear arms—if that person spends even one day committed involuntarily, even as a juvenile, and no matter the person’s current mental health soundness. Of course, we only adopt this view for the Second Amendment. For other, more fashionable constitutional rights, we would not countenance such an abridgment.
Even all the way back in the colonial era, individuals with mental health issues were only denied the right to bear arms when they were mentally unsound. There is no historical basis for continuing to deny this fundamental right after someone has recovered.
That the Ninth Circuit believes the right to self-defense should be denied to someone despite all evidence pointing to their mental wellness only serves to underscore the importance of electing the right people so that the judges they nominate come to constitutionally correct outcomes.
Richmond, VA bans carry at permitted events
On Tuesday the Richmond, Virginia city council passed a new ordinance banning the transportation, possession, or carrying of “any firearms in any public street, road, alley, sidewalk, public right-of-way or any open public space when it is being used by, or is adjacent to, an event that requires a city permit.” Richmond Mayor Levar Stoney, who pushed for the ordinance’s passage, said,
I just think that if you’re going to a public event, you should be able to go there and enjoy yourself, go there for your cause, and not feel under constant threat because of individuals walking around with an AK-47.
Per the language of the new ordinance, and according to one of the city council members, there are no exceptions for people who live adjacent to these events, which means that if a rally is being held across the street from your house and you’re trying to leave your house to enter your vehicle, you may have violated the ordinance.
So while anti-gun folks may get a warm and fuzzy feeling from not having to see any scary big black rifles, that will come at the expense of ordinary, law-abiding people who simply want to travel with actual security…the firearms they carry for personal defense.
Calls to prosecute big igloo fans
On Wednesday, a couple of clowns from George Washington University’s Program on Extremism wrote an article in the Washington Post complaining that we don’t have enough domestic terrorism laws on the books to prosecute people who like wearing Hawaiian shirts and bearing arms.
Their claim is that because two suspects were arrested for allegedly trying to support Hamas — an Iranian-backed terrorist organization based in Palestine — there should be more laws allowing the federal government to target people here in the United States.
As the Supreme Court explained in Bond v. United States back in 2014, the drafting of criminal law traditionally falls within the purview of the states. Drafting a national anti-terrorism law infringes upon the right of states to govern their own affairs. It would also lead not only to the expansion of an already bloated and generally incompetent federal government, but would permit state-sanctioned acts of terror and domestic casualties.
If the feds are so concerned about anti-government sentiment, maybe they should reflect on their actions before granting themselves more even authority to persecute the people. Or perhaps they’re just accelerationists? Who knows?
“Pro-Second Amendment” names added to President Trump’s SCOTUS list
On Wednesday, President Trump released a new short-list of names for potential Supreme Court nominees, many of whom view the right to keep and bear arms in a positive light (almost as if it’s written in the Constitution or something).
Two judges on the list, Kyle Duncan and James Ho, both support overturning federal laws such as the restriction on handgun sales to non-residents. Other names on that list include Senators Ted Cruz, Josh Hawley, and former U.S. Solicitor General Paul Clement, who has previously opposed “may issue” permit statutes and magazine capacity restrictions.
Of course, appointing one or more names from the list depends not only on Trump winning reelection in November, but also on Republicans retaining control of the Senate.
Petition to rescind Trudeau’s gun ban has massive support
Justin Trudeau upset a lot of Canadians when he banned “military style” firearms by executive fiat at the beginning of the summer. How many people were bothered? At least 230,000, according to the CBC. That’s how many people signed an online petition to defeat the ban, and it’s the petition with the highest number of signatures since the process went online five years ago.
Canadian police have already explained that the ban likely won’t affect criminal activity in their jurisdictions, and because the ban is opposed by people from across Canada’s political spectrum, it will be interesting to see how Trudeau’s Administration and the Canadian parliament respond. I won’t hold my breath, but I’ll hold out hope for our frosty brothers to the north.
Progress in the fight to restore right to carry at the New Hampshire capital
In 2018, a Democrat-controlled New Hampshire legislature passed a law banning firearms possession at the state house. Shortly thereafter, State Representative John Burt filed a lawsuit, claiming that the ban violates his gun rights under the New Hampshire Constitution.
Attempting to sidestep the issue, one of the state’s lower courts claimed that it lacked the authority to hear Burt’s case because of the separation of powers doctrine. This year, the New Hampshire Supreme Court corrected the lower court, explaining that because the issue raised in the case was the exercise of a constitutional right, the lower court has the authority to hear the case.
While this isn’t an outright victory for gun owners in New Hampshire, it means that Mr. Burt will be able to plead his case in the lower court, which will hopefully result in overturning the legislature’s firearms ban.
Matt Larosiere is the Director of Legal Policy for the Firearms Policy Coalition.
Re: Texas laws… NOBODY needs a reason to want someone off of their property and you don’t have the right to do whatever you feel like on someone else’s property. If you disagree with them, fine, have some manners and either abide by their rules on their land or stay off their land. Meanwhile, for those of you who disagree with that, everybody else can now show up and do whatever they please on your lawn and we’ll see how you like it.
If someone shows up at my front door, or yours, you can tell them to leave. If they refuse, they can be arrested. However, you cannot demand that they be arrested just for knocking on your door- unless you have a clearly marked “No Trespassing” sign (even then, it’s sometimes more complicated)!
The same is true of businesses operating open to the public. They can ask you to leave for whatever reason (as long as it’s not a protected class) but this move is seeking to make it so they can arrest you without even warning you. Right now, the setup is that there are clear signage requirement so that you, the customer, know which businesses do not want your business. But if this passes, they can arrest you for walking in their store without ever knowing it was a problem because they put some tiny symbol meaning ‘no guns’ somewhere you never saw it.
Did you bother to read past the first sentence of the paragraph in question?
BS – you open your doors to the public then you accept the 2nd as applying to all who enter. Don’t like this then run as a private “club”. This includes employer/employees.
Your property rights don’t trump a citizens god given natural rights. To include self defense/2nd.
“Your property rights don’t trump a citizens god given natural rights. To include self defense/2nd.”
Actually, they do.
Rights guaranteed in the constitution are only guaranteed against violations by congress (and, by extension, state and local governments), not property owners.
Businesses who open their doors to the general public are allowed to discriminate in ways government aren’t. If a business owner doesn’t want people wearing red shirts inside his business, he’s allowed to discriminate against people wearing red shirts, and ban them from his business.
While it may be bad business, the owner can do that.
The same goes for people carrying guns. Or people wearing “I VOTED!” stickers.
Just like you can ban people who are carrying guns or skunks from your property.
Great..
Now, .. do Blacks trying to eat at a White diner.
and people carrying guns and skunks.
I hear those “mental health courts” are working quite well in China. Those “social credit” scores are doing wonders there, too. (If your number is too low, you don’t get to visit your mom in the next town over.) Didn’t the USSR have that same sort of thing?
Victoria,
That was my first thought, also. “We do not like how you think. Here’s a brochure for our re-training camp. Read it. You are going.”
I don’t know if the USSR had a similar system but both countries were outgrowths of the diseased, twisted mind of Karl Marks, Lenin, Stalin Mao and lesser figures in a deranged “Utopian” philosophy. Wouldn’t be at all surprising.
Communist China harvests organs from prisoners for transplant.
The USSR experimented with less messy ways to slaughter people or were in any way connected, by family or friendship or mere suspicion, to anti-revolutionary beliefs. They finally worked out …
And that I will not describe.
Both nations founded upon evil concepts of making a better world, resulting in the exact opposite.
The “evil concept” is simply that “*I* will make a better world, and therefore you will do exactly as I say, or I will kill you.” And today, in America, we hear that every day. OH! From people like you!
That’s a very simple guiding principle for me personally: Outside of a clear self-defense scenario, if you are using anything but honest persuasion to get someone to comply with your will, you are almost certainly the bad guy. Doesn’t matter if you think you are the good guy. Doesn’t matter how strongly you believe it. A firm conviction in one’s own righteousness has never been a reliable criterion by which to separate the saints from the monsters.
@Phil Wilson:
As long as it’s an opinion you’re talking about, I agree.
But when you are attempting to protect your rights, I disagree.
As an example, if you’re on my property trying to plant a Biden campaign sign, I can (and will) use more than persuasion if necessary to stop you. I have that right.
On the other hand, if you’re trying to plant a Biden sign on public property (a street corner on public property, for example), there’s not much I can do about it other than, possibly, remonstrating against it (which would probably be a waste of my time).
So I’m not “the bad guy” for protecting my property rights (or, indeed, any other right).
Ever hear of the ” Gulags”? Read the books by Aleksandr Solzhenitsyn. The Gulag was a system of forced labor camps established during Joseph Stalin’s long reign as dictator of the Soviet Union. The word “Gulag” is an acronym for Glavnoe Upravlenie Lagerei, or Main Camp Administration. They were also used for Reeducation purposes. Mao followed this model after The Chinese Communist Revolution, known in mainland China as the War of Liberation. What We are witnessing now in Our country is the beginnings of the use of “Mental Illness” as a diagnosis for legitimate Illness as well as anyone who doesn’t follow the Prescribed Doctrine. It started years ago with “The Children”. Anyone of them who didn’t fit the mold were diagnosed with some sort of mental/physical defect and prescribed medication to bring them in line. Parents were told to believe it was all for their own good. The education system was taken over by followers of the Ideology and the Reduction of the children began right under Our nose decades ago. Now We are witnessing the fruits of their Ideology in Our Cities, Towns and Neighborhoods. Comply with the Doctrine or be Destroyed, Murdered or Deemed Mentally Unfit. Keep Your Powder Dry.
Lenin.
The GULAGs were established under Lenin, expanded massively under Stalin, and reduced some after Stalin died. They were not fully eliminated until Gorbachev was in power just before the USSR collapsed. Gorbachev’s grandparents had been GULAG victims.
The Left always ruin everything. Your buddies from the Lincoln Project are trying to elect people that view Karl Marx as a hero. There’s a reason Marx’s daughters and their husbands committed suicide. Oh, and Marx was a racist and a self-hating anti-Semite. Shouldn’t that qualify him for cancellation in today’s climate?
It isn’t enuf for the Left to ruin art and sports. Now burgers aren’t even safe. There’s no safe haven from woke propaganda.
https://www.youtube.com/watch?v=S5NuMpSrYcM
Don’t hold the “chosen ones” on a pedestal- the majority of them are atheists and none of them accept Jesus, so they are all damned. They revel in spreading sin and corruption. Capitalism, socialism, and communism are all built on sin and lies.
Gag a maggot, Dude, where’d that image come from? I must not get out much, and seeing that makes me glad of it. They better not mess with my Coke vs. Pepsi commercials.
royal crown, bra. do you even cola?
Before you condemn other countries you might want to remember some of the history of the United States. For example using people in Tuskegee to experiment with syphilis and its long-term effects. Without their permission they used people as human guinea pigs. There was also exposing children to radioactivity in the 1950s to determine the long-term effects. They didn’t have permission to do this, they didn’t notify the parents or the children that this was being done. The government did it to see what would happen. It’s sad but the United States is just as guilty as any other country.
I’d think Nazi Germany probably had a handle on roasted nuts
Seasoned with cyanide… 🙁
I never undertood why the Nazis didn’t go the organophoshate route in that regard.
The chemistry was understood and the Nazis produced mass quantities of Sarin, Tabun and other nerve agents which were more efficient.
Yet they never used them in any capacity. It’s always puzzled me as to why they didn’t since it’s not like it would have presented an “ethical issue” for them.
So brainwashed…… such an infantile mind…..
Excellent point.
Remember the the Chicom Govt is the MODEL for the Globalist Elite’s NWO.
THEY will be in charge of course. The CCP will be puppets.
Just ignore the rampant graft, corruption, nepotism, cronyism from the new emperors.
Sooo the 2A just isn’t fashionable? F that it isn’t meant to be it says what means and means what it says. Arm up the rodeo is about start.
Trump 2020
How about we evaluate Joe Biden’s mental health in a court?
Come on, maaan!
C’mon man, don’t spread your filthy dog pony they just loved rubbing my hairy Cornpop was a bad sharpened my straight razor on the vote for me for US Senate!
Joe Braindead has always been a Buffoon and age hasn’t helped any.
How do you measure Trump’s mental illness in court because he certainly is mentally ill. If you disagree I dare you to go back and read the last 3 or 4 months of tweets.
One out of two physiatrist can not pass a mental health screening. I guess confidentiality of medical records don’t count when your medical records show you’ve been to the nut house? It’s a bad idea and only sets up the future for more gunm grabs. ,, ,,,,, Texas better hope their weather gets shtty enough to keep the Californians away or signs are going to be the least of their worries, setting fires seam a good way to make people move, not saying you should burn down their house or nothing like that, but,,,,,,
Wow… I didn’t think 50% of “mental health professionals” could pass a mental health screening…
Heading out to the RNC HQ here in town. Will make a donation and pick up some Trump paraphernalia. We help Trump win this next election and we get additional constitutionally-based judges.
Spoke with an woman at the park last evening. Seemed in her 80’s. Stopped her because she was wearing a MAGA hat. She said people at the park would look at her hat, and then look away. She felt unwelcome except for us and a heavily tattooed woman who had stopped her earlier.
So, today, I am going to put a Trump button in the band of my Stetson, and take a walk through the park.
“Don’t you know you gotta help; nothin’ ever happens by itself.”
John Kay (Steppenwolf)
TRUMP/PENCE 2020.
Dontcha know there all the same, only difference is the name
Not this time.
Definitely not this time!
What’s up with open carrying a G26 OWB? Why not just get a G17?
Because maybe that’s his concealed carry rig and he’s just hiking up his shirt to expose it? Or maybe it’s his only pistol? Those shirts cost money, too!
Because it is a fabulous Hawaiian print holster. But yes I’d carry something bigger…
Read the caption… it’s a holster companies picture probably advertising that it fits multiple Glocks. Carry whatever the fuck you want, where you want.
I know of one boogaloo types.
He is an idiot. Cannot hold a job. Does not take care of his kids (with more than one mother). And has some really sick ideas about what would happen if things were to go sideways. Like, shoot all the people who he felt has wronged him first. Then go after anyone with skin darker than milk chocolate. So, you could be one half Italian and you would be too dark.
And by some miracle he will be promoted to the rank of General of the new Igllo army and everyone will follow him.
He has never been in the military.
I still think a plastic holster looks like sht, no matter how pretty you try to make it.
Except the plastic cowboy double rig I had as a kid ,for two peacemaker cap guns even had plastic boolits in the loops. Looked like the lone ranger. Very badass.
I prefer leather. Is possum leather any good for holsters?
Possum leather is ornery… 😉
Is said possum leather holster loaded with one or more rabid possums?
Seems like that might be better than a gun in some circumstances.
“Get’em my pretties!” *screaming*
Crazy Possum Lady. Maybe the scariest weapon of all time. Shudder.
“Is said possum leather holster loaded with one or more rabid possums?”
A day or so back I made a rabies comment and someone replied possums don’t get rabies. I did a quick search and what do you know? Possum body temperature is lower than most mammals, and the rabies infection can’t live in that environment…
Possums is part lizard? Double shudder.
That’s a disturbing image too, guys. Especially since ‘possums tend to “mosey” and the victim would have plenty of time to contemplate his impending doom.
“Calls to Calls to prosecute big igloo fans”
They suggest prosecuting big igloo fans,free speech about a meme but they ignore the actual crimes of BlackLootersMurder
Memes are scary! Does the name Pepe mean anything to you?
Yes. That funny little skunk. Pepe Le Pew
Luv the Hawaiian holster the guy in the photo is wearing,gota get me one.
Definitely duty carry worthy.
Hey! As an OFWG I wear Hawaiian shirts…but never open carry. RE:Trump. In lieu of anything else an R vote saves America for a bit longer😕
Slowly raises hand. I’ve got at least one, possibly two Hawaiian shirts. Not my fault, though. My wife bought them for me.
It’s as if they were made for fat guys.
Arlington County Virginia Board… a Big Population area in NOVA close to DC also passed UnConstitutional Ordinances Sept 12th & Votes Unanimously to Ban Firearms in County Government Buildings, Parks, at Special Events(Disarming u @ home if Street next to ur home has such event) ignoring overwhelming majority who spoke against the Ordinance!
https://wtop.com/arlington/2020/09/arlington-county-bans-firearms-in-government-buildings-parks/
https://bluevirginia.us/2020/09/video-arlington-county-board-votes-unanimously-to-ban-firearms-in-county-government-buildings-parks-at-special-events
https://loudounnow.com/2020/09/02/loudoun-supervisors-launch-effort-to-ban-guns-at-county-facilities/
Since all so called BOOG are peaceful Patriots unlike terrorist BLM/ANTIFA banning them would be like tearing up the Constitution & allowing China to take over!
https://www.foxnews.com/politics/exclusive-data-shows-that-half-of-2019-donations-to-actblue-came-from-untraceable-unemployed-donors
Arlington County Virginia Board… a Big Population area in NOVA close to DC also passed UnConstitutional Ordinances Sept 12th & Votes Unanimously to Ban Firearms in County Government Buildings, Parks, at Special Events(Disarming u @ home if Street next to ur home has such event) ignoring overwhelming majority who spoke against the Ordinance!
https://wtop.com/arlington/2020/09/arlington-county-bans-firearms-in-government-buildings-parks/
Since all so called BOOG are peaceful Patriots unlike terrorist BLM/ANTIFA banning them would be like tearing up the Constitution & allowing China to take over!
https://www.foxnews.com/politics/exclusive-data-shows-that-half-of-2019-donations-to-actblue-came-from-untraceable-unemployed-donors
Data shows that half of 2019 donations to ActBlue came from untraceable ‘unemployed’ donors.
A Take Back Action Fund analysis of $400M in donations to liberal causes raises red flags of possible foreign involvement.
“The name of employers must be disclosed when making political donations, but more than 4.7 million donations came from people who claimed they did not have an employer. Those 4.7 million donations totaled $346 million ActBlue raised and sent to liberal causes.”
I believe their due for an in depth audit from every alphabet agency possible.
The $346 million was probably left in a crumpled paper bag on the doorstep of DNC Headquarters. We have no way of knowing who left it there. ps, the judge is a democrat.
Super woke trust fund babies?
When the doctors get there hands on the soon to be delivered medical mist that doctors are about to give **Alzheimer and other **dementia patients to make many most patients well – nearly immediately – well. After all, dementia patients drive cars every day in every state.
But will the authorities refuse to let these now better people to regain there right to bare arms via the upcoming mist spray that takes dimensia away??
Mental health courts are part of what Obama Care was setup to give us.
There are several things happening at one time in the 2020 year. One of the single biggest stress factors comes from the Democrats and their insanity. THEY are the ones that need mental health evaluations. Many (like Joe Biden) should be out of politics all together and under a doctors care. They create problems and then try to force the fixes on everyone. Even though they are not actual fixes. This is the crap that tin-horn 3rd world dictators do.
If they actually think I’m going to see Trump as responsible for THEIR craziness….
Good thing they showed them in VA… Hows that working out for you? Lets just hold another rally and allow ourselves to be herded like cattle into a secluded area then leave after a couple days and facebook share how successful it was. Lets do that again! lol /s
As much as I’d love to see Cruz on the Supreme Court, he’s stated on his The Verdict podcast that he doesn’t want it. He says that if he were on the Court, he’d have to rule based on the law, not his opinion. He’d rather stay in the Senate and make the laws the way he thinks they should be. This was before he said Robert’s, a personal friend, was a traitor to his oath for his last batch of rulings.
Personally, I think Cruz is best right where he is. But that’s just one opinion.
Better question is, whyTF would you ever want to go after “Boogaloo Accelerationists” AS IF they’re NFAC? They’ve never committed any violence, nor have they said anything even in the realm of Western Rifle Shooters comment section, which is already no different than TTAG comment section or let alone their editorials? It’s a moronic premise to even couch the question with that narrative. GTFoutta here.
The unintended consequence of the new “Open Carry” laws in Texas is that everybody had to refresh their ‘30.06’ and the new ‘30.07’ signage. Before, the number of 30.06 signs was low and not uniform at all entrances. The benefit of the new Open Carry is that ‘Printing’ is no longer and issue. You still need a “LTC” card, ‘License to Carry’, to carry concealed or open. You don’t need any permit for carrying concealed in your car.
Personally, Im fond of Hawaiian shirts with tactical shoes, and of course concealed or open carried firearms. Always have been. I have crazy fashion sense, and its never been wrong.
How dare someone, anyone, question that? You know, every time one of these hall monitor, neo-bolshevist communist cunt, self appointed wannabe fashionistas seeks to define me, or anyone else in terms of what I choose to wear or not to wear, It just rubs me completely in exactly the wrong direction. And thats just a very, very bad idea. Very bad.
I love my Hawaiian shirts!!!
– I just think that if you’re going to a public event, you should be able to go there and enjoy yourself, go there for your cause, and not feel under constant threat by your government because of
individuals walking around with an AK-47intimidation by hordes of armed government agents in heavy armored vehicles actively infringing on your right to do so.FTFY
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