california ammunition background check
A photo from The Time Before (Dan Z for TTAG)

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.

Texas legislator wants to diminish the right to home defense

According to State Representative Terry Meza, Texans shouldn’t have the right to use lethal force when defending their homes. Meza filed HB 196 in anticipation of the Texas Legislature’s next session, dead set on repealing portions of Texas’ castle doctrine law.

As the law currently stands, deadly force is justified when someone reasonably believes that it’s necessary to protect against an unlawful use of deadly force or the imminent commission of a host of violent crimes including aggravated kidnapping, murder, rape, and robbery. The person also has to be lawfully present where the use of force occurs, can’t provoke the use of force, and can’t generally be engaged in unlawful activity.

If Representative Meza has her way, the person using defensive deadly force would be required to retreat if able, and cannot use force to prevent a robbery.

There’s nothing wrong with the way Texas’ castle doctrine is currently written apart from the fact that you shouldn’t have to codify the right to use force to defend yourself, others, or your property so long as you didn’t initiate the altercation. The crimes that Texans can defend themselves against all include an element of force. Yes, robbery requires force too.

Codifications of the Castle Doctrine only became necessary after judicial and political inventions imposed duties to retreat on otherwise lawful instances of self defense. The simple fact is, no innocent person deserves to be punished for defending against an unlawful use of force.

Florida bill would require background checks for ammo purchases

ammunition background check
This is what ammunition shelves used to look like in the olden days. (Dan Z for TTAG)

On Monday, State Representative Dan Daley refiled “Jaime’s Law”, a failed bill from the last legislative session that would mandate background checks for ammunition sales in Florida. Daley claims that he is sponsoring the law to close the alleged ammunition loophole.

Under the proposed law, buyers would have to submit forms for a background check for each ammo purchase, paying up to $8 per transaction, and the state can maintain records of these transactions for up to two years.

What Daley won’t talk about is the cost, which is essentially a tax on the right to bear arms, and which disproportionately affects the working-class. Besides, ammunition is essential to the function of a firearm, and restraints on access to it are already covered by federal law.

There’s no need to double up by passing state laws. Daley also failed to consider that if prohibited persons have enough resolve, they’ll consider purchasing and loading their own ammunition. This law will only serve to hurt Floridians, won’t reduce crime, and is constitutionally and morally offensive.

Former Gun Control Proponent Starts LGBTQ Gun Rights Chapter

In Salt Lake City, Utah, Ermiya Fanaeian reopened the Salt Lake Chapter of the Pink Pistols, a pro-gun, pro-LGBTQ group. She’s now 20, but at 17 she co-founded the Utah chapter of March for Our Lives. It seems she’s had a change of heart, though.

“The left’s idea of a ‘gun nut’ typically is white men who are upper class and see this as a hobby that will make their egos bigger, but the reality is this is a form of empowerment for me.” “As far as legislatively trying to do things such as ban assault weapons, or ultimately make it harder for regular everyday folks to access guns only so rich elitist people can access them … I’m completely against those initiatives.”

A pretty woke perspective in contrast to Equality Utah, the state’s “premiere LGBTQ civil rights organization,” whose executive director said “As an organization we support the Second Amendment. We draw the line, however, at military grade weapons in the hands of civilians.”

Why you can’t rely on the police

Scot Peterson Parkland broward coward
This Feb. 14, 2018 frame from security video provided by the Broward County Sheriff’s Office shows deputy Scot Peterson, right, outside Marjory Stoneman Douglas High School in Parkland, Fla. The video released Thursday, March 15, shows Peterson going toward the high school building while a gunman massacred 17 students and staff members, but stayed outside with his handgun drawn. (Courtesy of the Broward County Sheriff’s Office via AP)

A Fort Lauderdale man, seventy year old Bill Norkunas, had a man trying to beat down his door. The man stood, on crutches, holding a gun in his trembling hand after calling the police, who, instead of coming to the door to stop the attack, the brave boys of Broward County Sheriff’s office waited 500 yards down the street while Norkunas and his neighbors flooded 911 with calls to help for nearly 15 minutes.

“Bottom line, my life could have ended that night. Or the attacker’s life could have ended, while more than a dozen well-armed deputies did not respond to my house,” Norkunas said.

Although this is from the notoriously inept and deeply corrupt Broward County Sheriff’s office, it’s another example where, even where police are nearby, the last line of defense is one’s own.

Ohio appeals court strikes down Cincinnati’s Bump Stock Ban

bump fire stock ban
Dan Z for TTAG

Cincinnati banned “trigger activators,” which included stuff like bump stocks, in April of 2018. Now that law has been struck down as unconstitutional by Ohio’s First Appellate Court. On top of that, the city was ordered to pay the attorneys’ fees of the appealing party. Maybe that’ll learn them (but we all know it won’t).

The crux of the case was whether the items would be considered “accessories” or “components,” as it is reflected under Ohio law that local governments cannot restrict firearm components, but is silent on “accessories.” The Court seems to be of the opinion that, since they combine with other parts to make up a firearm, they are thus components under the term’s common meaning.

 

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56 COMMENTS

      • “Prior to serving in the Texas House of Representatives, Meza worked as a teacher at South Grand Prairie High School and operated an independent legal practice. Meza was elected to the House in 2018, defeating incumbent Republican Rodney Anderson. She is a member of the Democratic Party.[4][5]. She is known for her consistent championing of constituent dependence on government, including the introduction of HB196, a bill to effectively repeal Texas’ “Castle Doctrine” and disallow self defense in one’s own home[6]. ”

        Too funny.
        Doesn’t even need to state party membership, that much is a given.

      • Meza’s proposal is consistent with cultural Marxism’s explanation of urban crime. When there is a class distinction between the criminal and his victim, the victim is assumed to be at least partially responsible for the crime committed against them. Since rich people have nicer stuff than poor people, it’s only natural for economically oppressed members of the under-class to take by force the attractive things they can’t otherwise afford. Marxists see this kind of crime as tangible evidence of the inherent unfairness of the class-structure. Because they have nicer stuff than poor people, crime victims are seen as being complicit in the very economic exploitation that “causes” the crime. Meza thinks the Castile Doctrine is improper because property owners are only getting what they deserve.

        • She say as much.

          Her ‘logic’ in repealing ‘castle doctrine’ is that the poor who steal are only re-distributing wealth…

        • Of course they would never suggest a pretty girl in a mini skirt, drunk and hanging on guys in a bar is asking to get shagged but it’s the same thinking towards people with nice things.

  3. Ermiya Fanaeian is a gay FUDD. People like her have been telling what you can and can’t do inside your own home, for decades now. Only now they have put their evil demands into law.
    1. “San Francisco Set to Require Gun Owners to Lock-Up Long Guns at Home”
    https://www.thetruthaboutguns.com/san-fransisco-set-mandate-gun-owners-lock-long-guns-home/

    2. “San Francisco Board of Supervisors Passes Ban on Smoking Tobacco, but Not Cannabis, in Private Apartments”
    https://reason.com/2020/12/03/san-francisco-board-of-supervisors-passes-ban-on-smoking-tobacco-but-not-cannabis-in-private-apartments/

  4. Why is it different? You can’t defend your (business) property. But you can defend your (home) property. The “gun community” already agrees with Terry Meza, that you should not defend your private property.
    But “everyone” agrees that the government can kill to protect government property.

    “Panama City Looter Shot And Killed While Trying to Steal a Police Car”

    https://www.thetruthaboutguns.com/panama-city-looter-shot-and-killed-while-trying-to-steal-a-police-car/

    People who invade your home should be shot dead. And people who invade your business and loot, should also be shot dead.

    • “Why is it different? You can’t defend your (business) property.”

      You can in Florida… 🙂

    • The reason that looters have been shot is not that they are taking private property. It is because they are attacking the civil order which is an attack on society.

      • You are very much correct. That was how we as a society collectively use to think. But now Libertarians Liberals and the Left, don’t think that way anymore. The idea of what an an individual is has been turned upside down. The individual no longer has an obligation to the greater society, in which they are a part of.

        So now if one person steals there is no obligation to try and stop them. And the three L’s prefer to enable this behavior by raising the level of what a felony is. So as long as a thief doesn’t go over that $$$ amount, the crime is only a minor misdemeanor. And the justice system will not intervene for such minor crimes.

        I use to wonder why Libertarians didn’t care if addicts were on welfare. Now I know they support government spending for enabling drug addiction and enabling recreational use.

  5. “A pretty woke perspective in contrast to Equality Utah, the state’s “premiere LGBTQ civil rights organization,” whose executive director said “As an organization we support the Second Amendment. We draw the line, however, at military grade weapons in the hands of civilians.””

    I Guess that narrows the choices down to ball bats and pointed sticks then, doesn’t it.

    • I don’t care what “Pro 2A group” calls themselves. Everyone should be scrutinized for honesty and integrity. There are “agents” out there to undermine civil rights, under the pretense of “supporting” them.

  6. How many background checks is enough?
    One a year? One a month? One a week?
    If one is enough to work for the local cops, FBI or CIA why should I have to go through more?

    • “How many background checks is enough?”

      They would probably be happy if it was one background check per round of ammunition…

      • We recently purchased 3 firearms and The FFL/NCIC charge was $25.00 a pop. That’s it. End of anymore Jim Crow demoCrap. If Meza wants to tell people how to defend themselves then the bitch can be there to stand between the victim and the perp. If the bitch cannot do that she needs to stfu.

  9. One should NEVER have to retreat from one’s own home in the face of an invader. Even California agrees. There is a presumption that an intruder into a residence intends great bodily injury or death, and that a resident is acting in self defense in causing injury or death to that intruder. This places the burden on the prosecutor to show that the defendant homeowner was NOT acting in self defense by proof beyond a reasonable doubt.

    This is not the first time that Cincinnati has been bitch slapped by the appellate courts in Ohio for passing laws contrary to the state pre-emption statute. Cleveland has had a dance or two also. It hasn’t deterred them. They will be back.

  10. Even if the ammo background check were to pass in Florida (it won’t) it wouldn’t matter. There is no ammo to buy. I got a text from a friend yesterday asking if I knew where to buy .308 soft point. I said, “Yes. In my dreams.” I told him I’d give him a couple of boxes. I’ve got more than I could ever shoot in the hunting fields in whatever time the Lord has left for me anyway.

    • Indeed, no reason to ban guns when there is no ammunition.
      I can see no reason for the ammunition shortage besides disarming the American citizen.
      I’m sure the United States military have plenty of munitions, so it’s not like a drought came up and everyone’s cucumber crop went to shit.
      I’m afraid the near future is going to test America’s resolve, firearms will be a minor issue.
      On a different note: Gadsden have you been quail hunting lately? I went last week and didn’t do so well. Doesn’t seem as if there are as many as there used to be, flushed up three covies however they were small flushes, six , eight. I’m wondering if the turkey population has something to do with this? Possibly other factors also as the trapping of fur bearers has declined, more feral cats, skunks and what not. Also back in the day most of us shot every “chicken hawk” we could. I do know for a fact Red Tailed hawks can wipe out a covey. I’ve also watched a turkey eat a whole nest of quail chicks. And farmers are eliminating most of the hedge rows and cover to gain more acreage. Southwest Missouri close to what we call four corners, Mo., Ks, Ark, OK.

      • says, shot quail twice this year. Most recently last Friday. Not a lot of birds, but ok. We weren’t keeping score, but Ray and I knocked down 16 on a morning hunt and I even accidentally got a double.

        • The predators are a problem. We run traps. Shoot predators, but I don’t shoot raptors. I like them too much, so I share the game with them.

      • I’m betting on feral cats. They tore through the quail population in WV 50 years ago. On the ground, in a tree there’s no place for a quail to hide from a hungry cat.

        We shot every cat we saw. But there always seemed to be more.

      • Your comment about Turkeys and maybe a connection to lack of Quail is not supported by any game biologists or anybody who has hunted Turkeys and opened the craw to see what they have been eating, So knock it off!

  11. * An intruder that knows I’m home (or could be home) already has an advantage: since he is determined to get what he wants by whatever force he can effect, he can shoot anything that breathes. I, on the other hand, will identify before I act (Is this a threat, or did the kid next door fall from his bike and through my window?). But if it is a threat, I have to assume there could be deadly action in an instant. If I can’t stop the threat in under 2 seconds, I need more practice. These “duty to retreat” people need to count how long it would take them to get to safety, and how many bullets an intruder could put in them in that time span. And are they really really prepared to dive through their closed 2nd story window?
    *On the other post, the “military grade” ignorance again? Most military weapons can’t compete in quality or operation to cherished civilian-owned guns. I know, military guns include full-auto, grenade launchers, etc., but there are already legal restrictions on private ownership of those.
    *Gun conrol is systematically racist. Minority groups usually have more urgent need of self-defense. Don’t believe me? How many drive-bys in your neighborhood lately?

  12. To the question bout quail: Abandoned house cats in the fields kill a lot of quail. Here in central OK, I see fewer quail each year. Good deer hunting this year, however.

    • DC, we don’t have a problem with feral cats. Natural predators and mother nature give us the most problems.

      • Gadsden Flag, Yep, seen a good share of bobcats and coyotes where I deer hunt. Lots of hawks, a few falcons, and an occasional eagle. No shortage of predators here. A few years ago, saw 2 mountain lions; been pretty wary walking to my stand in the dark since then.

  13. It seems to me that any ‘fee’ beyond a sales ta on anything firearm related is no different than a poll ta.

  15. Representative Terry Meza is right, fewer people will get hurt. Unfortunately it’s the criminals that will have fewer injured. My guess is that’s what’s she after anyway. There is nothing in her bill that would provide any sort of protection, or relief, for the law abiding citizen in which the crime is being committed against. She is just another bubble headed liberal that believes all criminals are just misunderstood and if we just give them a chance, they will be nice.

  16. On top of that, the city was ordered to pay the attorneys’ fees of the appealing party.

    So, citizens had to sue to protect their rights, and citizens had to pay for it with their tax dollars. Yup, that’ll teach the consumers of tax dollars a lesson.

  17. Regarding Florida proposals, where does or would this $8 fee go, if this foolishness were to become law, among other questions?

  18. This is taken from a post from “Armendariz for El Paso” facebook page, posted at 8 or 9 this morning (who knows if she actually said this): Meanwhile in TEXAS…..
    State Representative Terry Meza (D-Irving) has introduced HB196.
    Now listen to what she has to say…
    “I’m not saying that stealing is okay,” Meza explained. “All I’m saying is that it doesn’t warrant a death penalty. Thieves only carry weapons for self-protection and to provide the householder an incentive to cooperate. They just want to get their loot and get away. When the resident tries to resist is when people get hurt. If only one side is armed fewer people will be killed.”
    Meza was quick to reassure that her bill “would not totally prevent homeowners from defending themselves.
    Under the new law the homeowner’s obligation is to flee the home at the first sign of intrusion. If fleeing is not possible he must cooperate with the intruder. But if violence breaks out it is the homeowner’s responsibility to make sure no one gets hurt. The best way to achieve this is to use the minimum non-lethal force possible because intruders will be able to sue for any injuries they receive at the hands of the homeowner.”
    “In most instances the thief needs the money more than the homeowner does,” Meza reasoned. “The homeowner’s insurance we reimburse his losses. On balance, the transfer of property is likely to lead to a more equitable distribution of wealth. If my bill can help make this transfer a peaceful one so much the better.”

    • Are you shittin’ me? I gotta assume that all this is a direct cut-and-paste from Meza’s website or something, but for christ’s sake, I read this and my jaw hit the desk. “homeowner’s responsibility to make sure no one gets hurt”?? “the thief needs the money more than the homeowner does”??? F*ckin’ ay — put a sign on the front yard that says “Come on in a take my stuff.” Put out a plate of tea and cookies for that homey welcome feel.

      OK, I’m thinking, either it’s April 1st, or you picked this up from the Babylon Bee. Nobody, I mean nobody, not even the most addle-brained lefty-Liberal piece of crap can possibly be this stupid. Good one — ya got me.

      • While this post is from a parody piece (from Babylon Bee I think) the sentement is still there. The perp needs the money more than you do, after all it was really needed for bus fare to get to choir practice.

  19. “…the city was ordered to pay the attorneys’ fees of the appealing party. Maybe that’ll learn them (but we all know it won’t)…” It won’t because it wasn’t their money…

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