Appellate Court affirms 2A rights

A federal appellate court in Cincinnati declared unconstitutional a federal law that banned ownership of firearms by a former mental patient…institutionalized for one month, twenty-eight years ago, following a divorce.

‘Unconstitutional’ – Fed. gun ban for mentally ill violates man’s 2A rights

December 19, 2014 10:03 AM MST, Dave Workman, Seattle Gun Rights Examiner

A three-judge federal panel in Cincinnati unanimously ruled Thursday that a federal law banning gun ownership for a Michigan man who had been previously been committed to a mental institution violated his Second Amendment rights.

In the process, the court applied strict scrutiny to its analysis, noting, “we reject intermediate scrutiny here because it has no basis in the Constitution.” The court further said it used strict scrutiny because it “is more appropriate for assessing a challenge to an enumerated constitutional right, especially in light of Heller’s rejection of judicial interest-balancing.” The 2008 Heller ruling by the U.S. Supreme Court affirmed that the Second Amendment protects a fundamental individual civil right.

The court reversed and remanded the case of Clifford Charles Tyler, 73, who had been committed to a mental institution for less than a month 28 years ago. At the time, he had been “suffering emotional problems stemming from a divorce,” Fox News reported.

You can read the entire article here.

 

In the news…

Sheriff and Prosecutor won’t enforce Washington state’s new gun-control 594 initiative.

http://www.examiner.com/article/lewis-county-prosecutor-sheriff-elect-won-t-make-criminals?CID=examiner_alerts_article

Lewis County prosecutor, sheriff-elect ‘won’t make criminals’

http://cdn2-b.examiner.com/sites/default/files/styles/square_thumb_medium/hash/5d/ef/5defe123d37701e3771e6f7d81691632.182.JPG?itok=d2QN_yeq

Dave Workman, Seattle Gun Rights Examiner

December 16, 2014 10:09 PM MST

First it was last Saturday’s “I Will Not Comply” protest in Olympia, and Monday the Lewis County prosecutor and sheriff-elect issued what KOMO is today calling a “bold statement” that they will “not make criminals” of law-abiding citizens via Initiative 594.

It is starting to appear as though the backlash against the billionaire-backed gun control scheme is going well beyond the grassroots level. It may be taking the shortcut. Saturday’s protest included at least two state legislators.

I-594 was passed last month by voters, but a majority of county sheriffs and two major law-enforcement organizations opposed the measure. Now incoming Sheriff Rob Snaza, brother of Sheriff John Snaza in neighboring Thurston County, is making headlines even before he takes office. He is joined by County Prosecutor Jonathan Meyer.

“The passage of I-594 has had a significant impact on firearms transfers among law abiding citizens, requiring the majority of personal transfers to be conducted through a licensed firearms dealer,” Snaza said in a statement first printed yesterday by the Chronicle in Chehalis, which has the letter here.

The article continues at the Examiner website. You can read all of it here.

 

Prefiled Missouri Bills for 2015

We’ve received a preliminary list of bills prefiled for 2015. This list is a subset of the total, those that pertain to firearms, firearm ownership and concealed carry. There may be other bills prefiled that didn’t make this list. This is just what we’ve received so far.

(H/T: Bob Hanson)


 

HB 28  UNLAWFUL USE OF WEAPONS

SPONSOR: Rep. Michele Kratky (D), District 65

This bill specifies that a person commits the crime of unlawful use of weapons if he or she knowingly possesses a firearm while also illegally in possession of a controlled substance that is sufficient for a felony violation of Section 195.202, RSMo. Currently, a person commits the crime if he or she knowingly possesses a firearm while also knowingly in possession of a controlled substance that is sufficient for a felony violation of the section.

HB 122 USE OF DEADLY FORCE

SPONSOR: Rep. Joe Don McGaugh (R), District 39

This bill specifies that an individual who is occupying private property under the authority of the property owner will be permitted to use deadly force in certain situations.

HB 128 — LIABILITY INVOLVING CONCEALED CARRY OF FIREARMS

SPONSOR: Rep. Rick Brattin (R), District 55

This bill specifies that although a private owner or other person or entity is authorized to post his or her premises as being off limits to concealed firearms under Section 571.107, RSMo, those provisions cannot be construed to grant any type of immunity, in tort law or with regard to other civil actions, for the act of prohibiting the concealed carry of firearms.

The bill specifies that although certain persons may consent to the carrying of firearms in specified areas where it is otherwise prohibited under Section 571.107, those provisions cannot be construed to impose any type of duty, in tort law or with regard to other civil actions, on the person to consent to the carrying of firearms.

HB 176 — WAITING PERIOD FOR RETAIL FIREARMS PURCHASE

SPONSOR: Rep. Karla May (D), District 84

This bill requires a three-day waiting period, excluding weekends and legal holidays, between the purchase and the delivery of any retail firearm, except purchases made by concealed carry permit holders.

The bill requires a firearm retailer to make available a video about gun violence, approved by the Department of Public Safety, and requires the purchaser of a firearm to view the video before the sale.

The bill authorizes the Department of Public Safety to promulgate rules to implement these provisions. Records of all firearm retail sales must be available for inspection by any law enforcement agency during normal business hours of the retailer and any retailer, employee, or agent of a retailer who fails to comply will be charged with a class D felony. Obtaining delivery of a firearm at retail by fraud, misrepresentation, or false pretense is a class D felony for an offense committed before January 1, 2017 and a class E felony on or after January 1, 2017.

The provisions become effective January 1, 2016.

HB 184 — HUNTING ACCIDENTS

SPONSOR: Rep. Anne Zerr (R), District 18

This bill specifies that the Missouri Conservation Commission within the Department of Conservation may suspend, revoke, or deny a person’s hunting permit or privilege for up to 10 years if the person accidentally kills another person while hunting.

SB 23 Creates the crimes of failing to stop illegal firearm possession, negligent storage of a firearm, and failure to notify a school of firearm ownership

Sponsor: Sen. Maria Chappel-Nadel (D), District 18

This act creates the offense of failing to stop illegal firearm possession. A person commits the offense if he or she is the parent or guardian of a child under the age of 18, he or she knows the child possesses a firearm in violation of the law, and he or she fails to stop the possession or report it to law enforcement.

The offense is a Class A misdemeanor unless death or injury results from the firearm possession in which case it is a Class D felony until December 31, 2016, and a Class E felony beginning January 1, 2017.

This act also creates the offense of negligent storage of a firearm. A parent or guardian of a child under the age of 18 commits the offense by recklessly storing or leaving a firearm in a manner that is likely to result in the child accessing the firearm if the child obtains access to the firearm and unlawfully carries it to school, kills or injures another person with it, or commits a crime with it.

A firearm that is in a secure location or locked is not considered to be recklessly stored or left in a manner likely to result in the child accessing the firearm.

The offense is a Class A misdemeanor unless the child kills or injures another person in which case it is a Class D felony until December 31, 2016, and a Class E felony beginning January 1, 2017.

The parent or guardian of a child injured or killed by a firearm may only be prosecuted for negligent storage of a firearm if he or she was grossly negligent.

This act requires a parent or guardian to notify a school district, or the governing body of a private or charter school, that he or she owns a firearm within 30 days of enrolling the child in school or becoming the owner of a firearm.

The written notification only needs to include the names of the parent and any child attending the school and the fact that the parent owns a firearm.

A person only needs to send one written notification if he or she has multiple children attending the school or becomes the owner of additional firearms. Any time a new child is enrolled in a school the parent or guardian must send an updated notification with the new child’s name.

Failure to notify the school under this act is an infraction, punishable by a fine of up to $100. If a person is found guilty of negligent storage of a firearm and has failed to notify the school of firearm ownership, the person must be fined $1,000 in addition to any other penalties authorized by law.

This act is substantially similar to SB 548 and SB 124 (2013) and is similar to SB 469 (2013).

SB 42: Modifies the provision allowing law enforcement officers to use deadly force in certain circumstances

Sponsor: Jamilah Nasheed (D), District 5

Under current law, a law enforcement officer may use deadly force when he or she reasonably believes the force is immediately necessary to effect an arrest and the suspect has committed or attempted to commit a felony, is attempting to escape by use of a deadly weapon, or may otherwise endanger life or seriously injure another person.

This act provides that a law enforcement officer may use deadly force only when all other means of apprehension have been exhausted or are unavailable, the officer has warned the suspect, and the officer reasonably believes the suspect is attempting to escape and possesses a deadly weapon.

In addition, this act provides that a law enforcement officer who uses deadly force against an unarmed person, who is 20 feet or farther away from the officer, must be immediately suspended from duty without pay until the incident has been fully investigated.

NOTE: above applies only to Law Enforcement however if passed would soon be applied to All citizens.

 

Website Tip

Our new WMSA website is about six months old. It is different in structure and organization from our legacy website. This new one has a feature not available on the legacy website—comments. You can comment on the postings on the front page. That page is dynamic while the other pages, those noted on the tabs across the top of the screen, are static, the Bullet and Liberty Notes archives, the CCW trainers and the rest.

But on the front or home page you can comment on the articles and postings when they appear. If you notice just to the right of the posting timestamp and under the title, it says, “Leave a Comment” or a number and “Comments.” Click on the link, and make your comment. First time commentators are moderated, that is, the webmaster or a Board member must approve the comment. Thereafter, the commenter will not be moderated. We do this to block trolls and spammers.

When you make a comment, don’t forget to click on the “follow comment” box. That will allow you to be notified whenever someone replies to your comment or another commenter makes an entry.

As WMSA members, this is your website. It is to inform you of events, locally, state-wide and nationally, and to allow you to make your views known as well.

 

Watch this space!

It’s the end of the year, and, like many organizations, the treasury of WMSA is low. Our biggest expense this quarter was our contribution to our lobbyist in Jeff City. The expense of our lobbyist is shared with GCLA.

In the WMSA Board meeting this week, a number of fundraising and membership recruiting ideas were discussed. The goal is to have a plan ready by the next general membership meeting in January.

In the meantime, watch this space. We may have some teasers for you.