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Yahoo
28-04-2025
- Politics
- Yahoo
California Concealed Carry Now Available to Out-of-Staters
If you've traveled to California in recent years, you know that, despite the state's obvious woes (though San Francisco is, hopefully, turning things around), nonresidents can't legally carry a firearm for self-defense. The situation is only marginally easier for residents. Given the state's other restrictions on even nonlethal self-defense tools, that's left visitors with a choice between abiding by rules seemingly crafted to favor criminal predators or ignoring the law and doing what needs to be done. But that may be changing now that a federal judge has ordered that out-of-state members of several gun rights organizations suing California over its gun laws must be allowed to apply for concealed carry licenses. "Together with the Second Amendment Foundation, Gun Owners of America, and Gun Owners of California, we sued Attorney General Bonta to force him to recognize the right to carry of nonresidents as part of our lawsuit in CRPA vs. LASD," the California Rifle & Pistol Association announced. "While the Judge ruled against us for the time being in our argument that California must honor CCW [concealed carry weapon] permits issued by other states (known as 'reciprocity'), she did agree that California must at least allow residents of other states to apply for a California CCW permit." Applicants must be members of one of the plaintiff organizations (yes, you can still join) and must apply in a "California jurisdiction in which they intend to spend time within the subsequent twelve (12) months and attest to that intention under oath in the application," according to the order by United States District Court Judge Sherilyn Peace Garnett. Applicants are also bound by all the usual California rules, including a limited choice of firearms "legal to possess in the state." California severely limits those that can be commercially sold according to an ever-shifting list of features, though you can still possess many but not all other handguns there if you already owned them or bring them from outside. California CCW licenses are also specific to designated handguns identified by the applicant according to make, model, and serial number. In other words, all the usual California nonsense—but now, at least, available to out-of-state residents. Until now, the California Office of the Attorney General specified that "CCW licenses are issued only by a California county sheriff to residents of the county, or the chief of police to residents of the city. California law does not honor or recognize CCW licenses issued outside this state." Even for California residents, this isn't an easy task. The recent court order results from a case, CRPA v. Los Angeles County Sheriff's Department, challenging the onerous, lengthy, and expensive concealed-carry requirements imposed by many jurisdictions in the state. "The Los Angeles County Sheriff's Department admits it takes a year to a year and a half to process a CCW application," according to the Second Amendment Foundation. "The La Verne Police Department's CCW application process costs between $900-$1100 for the initial application and over $500 for a renewal which is necessary every two years. Additionally, both the LASD and LVPD impose subjective permit-issuance criteria, in direct contravention to the Supreme Court's edict in Bruen." Some jurisdictions now require psychological screenings, usually at the applicant's expense. Others want full records of past employment. "CRPA realizes how complicated this all seems compared to the application process in nearly every other state," the self-defense rights organization comments in its press release. "And all we can say to that is: welcome to California!" The intent seems to be to make the process as annoying and intrusive as possible to discourage those who aren't already in the good graces of the authorities. That's not permissible, according to the U.S. Supreme Court, which recognized concealed carry as a protected right in New York State Rifle & Pistol Association, Inc. v. Bruen (2022). The court anticipated that some freedom-unfriendly jurisdictions would try to impose death by a thousand bureaucratic cuts on anybody seeking to exercise the right. "Because any permitting scheme can be put toward abusive ends, we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry," Justice Clarence Thomas wrote for the court. In the course of challenging California's red-tape barriers to concealed carry, the plaintiffs also opposed the state's refusal to recognize out-of-state CCW permits and licenses. By contrast, neighboring Arizona recognizes CCW permits from all other states and its own permits are recognized in 36 states in addition to Arizona. While relief for California' residents awaits the outcome of continuing litigation, out-of-state residents get a bit of a breather with the opening of the CCW licensing process. If you're thinking that it's nice that California is now willing to subject out-of-staters to the Kafkaesque ordeal it imposes on its residents with CCW licenses as the prize, but you'd rather carry a knife and pepper spray than jump through the hoops, keep in mind that we're talking about California. Knives are also strictly regulated and subject to length limits, concealment rules, and potential prohibition. Police may decide that any given blade is a "dirk" or "dagger" subject to more rules. Pepper spray is legal, but subject to limitations. No pepperball guns, for one. You're limited to 2.5-ounce containers which must all be labeled: "The use of this substance or device for any purpose other than self-defense is a crime under the law." Saps, blackjacks, and batons, which offer the grace of leaving would-be muggers unperforated and most-likely alive while correcting their attitudes, are strictly illegal—sort of. Last year, a federal judge voided this law on Second Amendment grounds, but the state is appealing. That's not to say you shouldn't carry any of the above. When laws become ridiculously restrictive, it quickly becomes ludicrous to expect compliance. Being able to defend yourself and your family is more important than any government directive to the contrary. But big-boy rules apply: Be careful and don't attract attention. Until restrictive laws are fully overturned, it's encouraging to see litigation forcing California to progress towards recognizing out-of-staters' right to defend themselves even to the limited extent permitted to state residents. Hopefully Californians will soon win some breathing room for themselves. The post California Concealed Carry Now Available to Out-of-Staters appeared first on
Yahoo
02-03-2025
- Politics
- Yahoo
Debate over whether to ban handgun sales to teens could soon head to the Supreme Court
The Supreme Court may soon weigh in on whether people younger than 21 have the right to buy handguns, a decision that could upend decades-old federal restrictions and reshape the nation's gun laws. In January, the right-leaning Fifth Circuit Court of Appeals, based in New Orleans, struck down the federal government's decades-old ban on handgun purchases for 18- to 20-year-olds. That decision came after the 10th Circuit upheld the same prohibition in November. Meanwhile, the U.S. Court of Appeals for the Fourth Circuit is currently considering whether to uphold a Virginia district court judge's decision ending the age-limit ban. "Whenever there's decisions that cross each other, you have a much better chance of getting a writ of certiorari at the U.S. Supreme Court," Alan Gottlieb, founder of the Second Amendment Foundation, told Fox News Digital. Federal Court Rules Age Limits On Handgun Sales Violate Second Amendment "This issue is definitely making its way to the Supreme Court—and fast," said Pepperdine's Jacob Charles, a constitutional law professor with an expertise in Second Amendment issues. "This is a key federal law, and you just can't have that apply differently across the nation (at least for long)." The federal ban on handgun sales to people under the age of 21 began in 1968 as part of the Gun Control Act passed that year. Fast-forward to the Supreme Court's 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, and a tranche of lawsuits aiming to upend laws restricting gun sales to people over 21 are making their way through the courts. The gun-violence nonprofit news outlet The Trace compiled data showing that between June 2022 and August 2024, there have been more than 1,600 Bruen-based challenges to gun laws. Read On The Fox News App The Bruen decision rejected the strict scrutiny frameworks being used by lower courts to evaluate gun laws and instead established a "historical tradition" that required laws to adhere more directly to the text of the Second Amendment. "The levels of scrutiny – rational basis, intermediate scrutiny, strict scrutiny – don't matter. What the Supreme Court's Bruen ruling said was, you have to look at the text and the history. That's what counts," said Gottlieb. "When the Bill of Rights was put together, there was nothing that prohibited 18-to 20-year-old young adults from being able to own or carry a firearm." Gottlieb and the Second Amendment Foundation have sued in several states to reverse their bans on hand gun sales to young adults under 21. Several cases challenging age limit bans, including cases filed in Massachusetts and Connecticut this month, are ongoing. Kyle Rittenhouse Returns To Speak At University Where Angry Mob Led To Canceled Speech "Our track record, at least, is mostly wins, and part of the logic on that is that there's nothing in under the Bruen decision at the Supreme Court, which makes them look at the text and history of the Second Amendment." The Fifth Circuit decision cited the Supreme Court's Bruen ruling in its decision not to uphold the federal ban, as did two other circuit courts over the last year. One case in the Eighth Circuit invalidated a ban in Minnesota. Since then, the Commissioner of Public Safety in Minnesota filed a petition for the Supreme Court to rule on the case. That petition is currently article source: Debate over whether to ban handgun sales to teens could soon head to the Supreme Court
Fox News
02-03-2025
- Politics
- Fox News
Debate over whether to ban handgun sales to teens could soon head to the Supreme Court
The Supreme Court may soon weigh in on whether people younger than 21 have the right to buy handguns, a decision that could upend decades-old federal restrictions and reshape the nation's gun laws. In January, the right-leaning Fifth Circuit Court of Appeals, based in New Orleans, struck down the federal government's decades-old ban on handgun purchases for 18- to 20-year-olds. That decision came after the 10th Circuit upheld the same prohibition in November. Meanwhile, the U.S. Court of Appeals for the Fourth Circuit is currently considering whether to uphold a Virginia district court judge's decision ending the age-limit ban. "Whenever there's decisions that cross each other, you have a much better chance of getting a writ of certiorari at the U.S. Supreme Court," Alan Gottlieb, founder of the Second Amendment Foundation, told Fox News Digital. "This issue is definitely making its way to the Supreme Court—and fast," said Pepperdine's Jacob Charles, a constitutional law professor with an expertise in Second Amendment issues. "This is a key federal law, and you just can't have that apply differently across the nation (at least for long)." The federal ban on handgun sales to people under the age of 21 began in 1968 as part of the Gun Control Act passed that year. Fast-forward to the Supreme Court's 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, and a tranche of lawsuits aiming to upend laws restricting gun sales to people over 21 are making their way through the courts. The gun-violence nonprofit news outlet The Trace compiled data showing that between June 2022 and August 2024, there have been more than 1,600 Bruen-based challenges to gun laws. The Bruen decision rejected the strict scrutiny frameworks being used by lower courts to evaluate gun laws and instead established a "historical tradition" that required laws to adhere more directly to the text of the Second Amendment. "The levels of scrutiny – rational basis, intermediate scrutiny, strict scrutiny – don't matter. What the Supreme Court's Bruen ruling said was, you have to look at the text and the history. That's what counts," said Gottlieb. "When the Bill of Rights was put together, there was nothing that prohibited 18-to 20-year-old young adults from being able to own or carry a firearm." Gottlieb and the Second Amendment Foundation have sued in several states to reverse their bans on hand gun sales to young adults under 21. Several cases challenging age limit bans, including cases filed in Massachusetts and Connecticut this month, are ongoing. "Our track record, at least, is mostly wins, and part of the logic on that is that there's nothing in under the Bruen decision at the Supreme Court, which makes them look at the text and history of the Second Amendment." The Fifth Circuit decision cited the Supreme Court's Bruen ruling in its decision not to uphold the federal ban, as did two other circuit courts over the last year. One case in the Eighth Circuit invalidated a ban in Minnesota. Since then, the Commissioner of Public Safety in Minnesota filed a petition for the Supreme Court to rule on the case. That petition is currently pending.
Fox News
19-02-2025
- Politics
- Fox News
Colorado poised to ban sale of AR-15s, other rifles and shotguns with extended mags
Colorado is poised to see a major change to its gun laws after the state Senate passed a bill that would effectively ban AR-15s, AK-47s, shotguns and pistols that hold more than 15 rounds. The new bill would not impact the current possession of these guns, but it would prohibit the manufacture, sale and purchase of them going forward. In addition to its ban on new sales and purchases of AR-15s and other rifles that hold high-capacity magazines, the new bill also prohibits the sale or purchase of certain after-market gun accessories that increase a firearm's rate of fire. The state Senate passed the bill on Tuesday, and it now heads to the lower chamber, where Democrats have a big majority and the bill is expected to pass. Colorado Gov. Jared Polis, a Republican, has said he is not against the sweeping move, and gun control advocates in the Senate amended the bill to include a carve-out aimed at appeasing the governor. Under the carve out, buyers who wish to purchase these sorts of weapons must undergo a background check from local law enforcement similar to what one must go through to obtain a concealed carry permit. Then, the proposed buyer must complete a state-run hunting safety course and an additional 4-hour firearm safety course. If the buyer did not previously have a hunter's license, then they would also need to complete an extended 12-hour in-person training over two days. In addition to all the training, the buyer would also have to score at least 90% on their final exam to obtain the exemption, which would need to be updated every five years to stay current. Despite the carve out, all Republicans and three Democrats voted against the measure on Tuesday. "This is not a privilege granted by the government, it is a right inherent to who I am and enshrined in the United States Constitution," the top Republican in the Colorado state Senate, Paul Lundeen, said in reference to the Second Amendment, according to KOAA in Colorado. Meanwhile, according to the local outlet, Republicans also voiced concerns Tuesday over a potential "registry" being created for those seeking to purchase the type of firearms being prohibited under the new law. "I've had hundreds of emails I think, so many I didn't answer them all," Republican state Sen. Marc Catlin said. "The point is, people are really concerned about this – the idea they have to put their name on a list." Under the newly proposed law, purchasing AR-15s that carry more than 15 rounds will be a class 2 misdemeanor, while repeated offenses will amount to a class 6 felony. While the sale and purchase of AR-15s and other semiautomatic rifles that carry less than 15 rounds will still be permitted, the magazines that come from the factory for AR-15s in particular carry at least 15 rounds, according to Alan Gottlieb, the founder of the Second Amendment Foundation. The Colorado Sun added that few manufacturers make firearms that meet Senate Bill 3's new requirements, including that the magazine be epoxied, welded or soldered to the firearm. "Anti-gun radicals in Colorado continue their attacks on law-abiding gun owners by restricting access to commonly owned firearms," John Commerford, Executive Director of NRA-ILA, told Fox News Digital. "This bill is more about optics than public safety, which was recognized by the bipartisan group of senators who voted against it. The NRA will continue to fight this unconstitutional legislation to protect the rights of peaceable Coloradans."
NBC News
30-01-2025
- Politics
- NBC News
Appeals court says banning gun sales to adults under 21 is unconstitutional
BATON ROUGE, La. — A U.S. appeals court on Thursday ruled against a federal law requiring young adults to be 21 to buy handguns, finding it violated the Second Amendment. The ruling, handed down by a panel of three judges on the conservative U.S. 5th U.S. Circuit Court of Appeals in New Orleans, comes amid major shifts in the national firearm legal landscape following a landmark U.S. Supreme Court decision that expanded gun rights in 2022. The court found that people aged 18-to-20 should not be prohibited from buying guns. 'Ultimately, the text of the Second Amendment includes eighteen-to-twenty-year-old individuals among 'the people' whose right to keep and bear arms is protected,' the court wrote in their ruling. The ruling sends the case back to a lower court judge. In the past, the appeals court has upheld the age restriction. However, since the Supreme Court's ruling that said firearm restrictions must be rooted in the nation's historical traditions, judges in states like Minnesota, Virginia and Texas have struck down similar laws. The Biden administration had fought those rulings. It is uncertain exactly how the Trump administration might proceed, but he told an NRA audience during last year's campaign that 'no one will lay a finger on your firearms.' The Supreme Court, meanwhile, decided to keep a federal gun law on the books last year. The high court overturned a different ruling from the 5th Circuit and upheld a law intended to protect victims of domestic violence. Those challenging the ban included the Firearms Policy Coalition, the Second Amendment Foundation and the Louisiana Shooting Association. 'If we can trust young adults to defend our country, we can certainly trust them to own any and all legal firearms,' said Alan Gottlieb, founder of the Second Amendment Foundation Federal law requires a person to be 21 to purchase a handgun from a licensed firearm dealer and 18 to buy a long gun from a dealer, according to Everytown for Gun Safety. There is an 18-year-old minimum for handgun purchases from unlicensed sellers and no minimum age for long guns, according to the group's research. The Giffords Law Center called the decision reckless and said age restrictions help prevent violence. 'We hope the current law will be ultimately upheld,' legal director David Pucino said.
