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All About Guns Anti Civil Rights ideas & "Friends" Cops You have to be kidding, right!?!

DOJ Creates New Center to Help Local Officials Apply ‘Red Flag’ Laws Against Certain Gun Owners

by Arjun Singh

 

The U.S. Department of Justice (DOJ) announced on Saturday the creation of a new entity to train state and local officials on procedures to apply “red flag” laws that temporarily prevent certain individuals from owning a firearm.

The National Extreme Risk Protection Order (ERPO) Resource Center is an entity created under the DOJ’s Office of Justice Programs (OJP) that will both educate and assist local officials when they initiate legal proceedings to obtain “red flag” orders that rescind an individual’s right to bear arms based on the belief that they pose a risk of harm to themselves or others, according to the DOJ’s press release. The individuals to be trained are “law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral health professionals.”

“The launch of the National Extreme Risk Protection Order Resource Center will provide our partners across the country with valuable resources to keep firearms out of the hands of individuals who pose a threat to themselves or others,” Attorney General Merrick Garland said in the press release. “The establishment of the Center is the latest example of the Justice Department’s work to use every tool provided by the landmark Bipartisan Safer Communities Act to protect communities from gun violence.”

Red flag orders, or ERPOs, have previously been supported by gun control advocacy groups.

“Gun violence is a complex issue that requires comprehensive solutions. Extreme risk laws are an evidence-based tool that can help prevent many forms of gun violence tragedies before they ever occur — suicide, interpersonal violence, and mass shootings alike,” Brady: United Against Gun Violence, a non-profit organization that advocates for gun control, wrote on its website.

ERPOs are issued by state courts in civil proceedings to prevent persons from purchasing or possessing firearms should they be deemed likely to use them to harm themselves or others, the press release explains. Twenty-one states along with Washington, D.C. have passed such laws.

“OJP’s investment in ERPO programs demonstrates the Department’s commitment to addressing the gun violence crisis in the United States,” Assistant Attorney General Amy Solomon wrote in the press release. “This crisis cannot be solved at one level of government. We must use all of our resources and collaborate at the federal, state, and local levels to find innovative, evidence-based, and holistic solutions to help keep American communities safe.”

Measures such as ERPOs have been opposed by conservative groups, who argue that they are abused to deprive individuals of rights under the U.S. Constitution’s Second Amendment, which establishes that “the right of the people to keep and bear Arms, shall not be infringed.”

“So-called ‘Red Flag’ orders, or Emergency Risk Protection Orders, are designed to empower the government to confiscate Americans’ firearms without due process of law,” the National Rifle Association’s Institute for Legislative Action wrote in 2022. “Aside from allowing run-of-the-mill malicious actors to indulge personal grudges against law-abiding gun owners, in the current politically-charged environment, these laws enable the government to target those with First Amendment-protected political views the government disfavors.”

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Arjun Singh is a reporter at Daily Caller News Foundation.
Photo “Merrick Garland” by The United States Department of Justice.

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A Victory! All About Guns

Indiana & Utah Governors Sign Second Amendment Privacy Laws by F Riehl

Opinion

NSSF®, The Firearm Industry Trade Association, applauds Indiana Gov. Eric Holcomb and Utah Gov. Spencer Cox for signing the NSSF-supported Second Amendment Privacy Acts in their respective states. The laws will bar the use of a firearm-retailer specific Merchant Category Code (MCC) for banks, credit card companies or financial service providers to track the lawful sale of firearms and ammunition.

Both governors signed their laws, Indiana’s HB 1084 and Utah’s HB 406, in their respective states last week. NSSF worked closely with legislators in those states to bring legislation to protect private and legal purchases from exploitation. The laws are designed to protect the privacy of lawful and private firearm and ammunition purchases from being abused for political purposes by corporate financial service providers and unlawful government search and seizure of legal and private financial transactions.

“Corporate banks and the federal government have already proven they will run roughshod over Second Amendment and Privacy rights. The need to safeguard private and legal purchases of firearms and ammunition by law-abiding citizens has never been greater,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “NSSF thanks both Governor Holcomb and Governor Cox for their leadership in signing these laws that will protect the rights of the citizens in their states. No American should fear being placed on a government watchlist simply for exercising their Constitutionally-protected rights to keep and bear arms.”

It Violated The Fourth Amendment Rights Of Law-Abiding Citizens

The U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) admitted to U.S. Sen. Tim Scott (R-S.C.) in a letter that it violated the Fourth Amendment rights of law-abiding citizens that protect against illegal search and seizure when it collected the credit card purchase history from banks and credit card companies of individuals who purchased firearms and ammunition in the days surrounding Jan. 6, 2020. Treasury’s FinCEN had no cause, and sought the information without a warrant, to place these law-abiding citizens on a government watchlist only because they exercised their Second Amendment rights to lawfully purchase firearms and ammunition.

The idea of a firearm-retailer specific MCC was borne from antigun New York Times columnist Andrew Ross Sorkin and Amalgamated Bank, which has been called “The Left’s Private Banker” and bankrolls the Democratic National Committee and several antigun politicians. Amalgamated Bank lobbied the Swiss-based International Organization for Standardization (ISO) for the code’s creation. NSSF has called on Congress to investigate Amalgamated Bank’s role in manipulating the ISO standard setting process.

Indiana and Utah join Florida, Idaho, Mississippi, Montana, North Dakota, Texas and West Virginia with laws protecting citizens’ Second Amendment privacy. Several other states are considering similar legislation. U.S. Rep. Elise Stefanik (R-N.Y.) introduced H.R. 7450, the NSSF-supported Protecting Privacy in Purchases Act, in the U.S. House of Representatives. California’s Gov. Gavin Newsom signed a law requiring the use of a firearm-retailer specific MCC and Colorado is considering similar legislation.


About The National Shooting Sports Foundation

NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations, and publishers nationwide. For more information, visit nssf.org

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All About Guns You have to be kidding, right!?!

RAREST GUN EVER: Buffalo Bill’s 1838 Colt Paterson

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All About Guns You have to be kidding, right!?!

All I can say to Midway, which is a great outfit based on personal experience. Is WHY did they do this!?!

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All About Guns You have to be kidding, right!?!

4 BORE Rifle vs Body Armor (The Biggest Rifle Ever !!!)

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Art The Horror! War You have to be kidding, right!?!

For some reason I have been looking at the Late Roman Empire

As a historian, I  see just way too many similairites to our times. Anybody else out there with the same scary thoughts? Grumpy

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All About Guns You have to be kidding, right!?!

What I would call a great Xmas or Birthday Present!

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You have to be kidding, right!?!

Some idiot named me had a chance to buy one of these and did’nt!!!

Background sound of man kicking himself in buttocks!

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You have to be kidding, right!?!

Gun Ban for Non-Violent Illegal Immigrant Found Unconstitutional by Stephen Gutowski

The Second Amendment protects people’s ability to own a gun even if they’ve entered the…

The Reload THE RELOAD

The Second Amendment protects people’s ability to own a gun even if they’ve entered the country illegally.

That’s the ruling handed down by US District Judge Sharon Johnson Coleman on Friday. She found the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores. She ruled the ban did not fit with America’s historical tradition of gun regulation as required under the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling.

“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Colman wrote in US v. Carbajal-Flores. “Thus, the Court grants Carbajal-Flores’ motion to dismiss.”

The ruling is the latest fallout from the new standard for Second Amendment cases set in Bruen. Since the landmark case was decided in 2022, a wide swath of state and federal gun restrictions have come under increased scrutiny in the courts. Among the most commonly recurring questions raised by the new standard is who can be barred from owning guns, and the Carbajal-Flores case is among the first to examine whether people who entered the country illegally are among them.

Judge Coleman, a Barack Obama appointee, initially found the gun ban for illegal immigrants was constitutional back in April 2022. However, she agreed to reconsider the case in light of rulings from the federal appeals courts in the Third and Seventh Circuit that questioned whether those convicted of non-violent crimes could be permanently disarmed after the High Court handed down Bruen in June 2022. She concluded breaking misdemeanor immigration laws alone is not enough justification to strip somebody of their gun rights under the new test.

“[C]arbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. Even in the present case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020,” Judge Coleman wrote. “Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants.”

The Department of Justice (DOJ) argued the modern ban was akin to historical bans on loyalists owning guns during the Founding Era and should stand. However, Judge Coleman found that historical ban included exceptions that imply the ban was based on the actions of individual loyalists.

“The Court also determined that based on the government’s historical analogue, where exceptions were made that allowed formerly ‘untrustworthy’ British loyalists to possess weapons, the individuals who fell within the exception were determined to be non-violent during their individual assessments, permitting them to carry firearms,” she wrote. “Thus, to the extent the exception shows that some British loyalists were permitted to carry firearms despite the general prohibition, the Court interprets this history as supporting an individualized assessment for Section 922(g)(5) as this Court previously found with Section 922(g)(1).”

She said there was no reason to think Carbajal-Flores was dangerous. So, applying the ban to him did not follow historical tradition.

“The Court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment right to bear arms in self-defense,” Judge Coleman wrote. “Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional.”

The ruling deepens the divide in the lower courts over how to interpret historical gun laws and compare them to modern restrictions. Several courts have come down on either side of whether permanent federal prohibitions on gun ownership by groups of people convicted of varying crimes are constitutional. For example, in US v. Jackson, a three-judge panel for the Eighth Circuit upheld the same law at issue in US v. Carbajal-Flores. But the panel also foreclosed challenges to that law based on how it was applied to specific non-violent offenders.

“In sum, we conclude that legislatures traditionally employed status-based restrictions to disqualify categories of persons from possessing firearms,” Judge Steven Colloton, a George W. Bush appointee, wrote. “Whether those actions are best characterized as restrictions on persons who deviated from legal norms or persons who presented an unacceptable risk of dangerousness, Congress acted within the historical tradition when it enacted § 922(g)(1) and the prohibition on possession of firearms by felons.”…

READ FULL ARTICLE HERE… | The Reload

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“Aw shucks A Victory!

New Jersey sees 3,000% increase in permits to carry guns, and Ocean, Monmouth lead the way by Juan Carlos Castillo

A year after the 2022 U.S. Supreme Court decision in favor of Americans’ right to carry guns in public, the issuance of permits to carry guns has skyrocketed in the Garden State.

In 2021, the year before the ruling, 631 gun-carry permits were issued in New Jersey. That number went up to 19,933 in 2023, a 3,000% increase, according to recently released data by the Attorney General’s Office.

The data further shows a stark hike in the number applications for permits to carry that were processed right after the Supreme Court decision at the end of June 2022. The decision struck down a New York law that required citizens to prove they had “proper cause” to carry a handgun. Writing for the 6-3 majority, Associate Justice Clarence Thomas said the New York law violated the Constitution’s “right to keep and bear arms.”

New Jersey had similar restrictions before the court’s decision. Residents here seeking permission to carry a gun had to demonstrate they faced “specific threats or previous attacks” that present a danger to their life and can’t be avoided any other way.

While there were only 42 applications processed in June 2022, that number went up to 381 in July 2022; 1,334 in August 2022; and 2,099 in October 2022. Click here to see the data dashboard.

The number of permit to carry applications soared right after the Supreme Court's decision at the end of June 2022.

And the numbers keep going up. In January 2024 there were 2,475 applications processed, roughly four times the amount of permits issued in in 2021, and the largest amount seen in single month since the Supreme Court made its landmark decision.

Data on permit to carry applications was made public by the Attorney General’s Office in a effort to make the public aware about how many guns are out there in the state, the state office said in a statement.

“Transparency is a key component to enhancing public safety. The data available in this dashboard allows its users to gain an understanding of where in New Jersey the applications for permits to carry firearms is increasing,” Attorney General Matthew Platkin said.

Platkin also announced that “Gun Free Zone” decals are available to New Jersey businesses that want to prohibit firearms on their property.

“The decals can help ensure the increase in people carrying guns doesn’t lead to a higher rate of shootings and gun deaths like those experienced in states with less-protective gun laws than New Jersey,” Platkin added.

Where in NJ are applications for permits to carry are increasing?

At the Shore, Monmouth and Ocean counties saw the most permit-to-carry applications of all counties in the state. Between July 2022 and February 2024, Ocean and Monmouth processed 3,358 and 3,108 applications, respectively.

Sussex and Warren were the counties that registered the most applications per capita, with 76 and 72 processed applications per 10,000 residents, respectively.

Conversely, Mercer and Hudson counties had the lowest rate in the same period, with only 18 and 11 applications per 10,000 residents, respectively.