Category Archives: Second Amendment

The House Judiciary has passed along a bill that disallows state cooperation with federal enforcement of gun laws stricter than those on South Dakotas books.

The committee heard from gun advocates who say the federal government shouldnt dictate Second Amendment rights to the states.

Opponents include law enforcement agencies and domestic violence networks who might lose federal cooperation and grant dollars if this bill becomes law.

One proponent of House Bill 1052C was Aaron Dorr, director of state operations for the American Firearms Association, testifying from the field office in New York State .

He said the bill is modeled after Missouri s Second Amendment Preservation Act, or SAPA.

Dorr told legislators, SAPA legislation asserts state sovereignty, the 10th Amendment, and the anti-commandeering doctrine and tells Joe Biden we will not allow state resources, state police officers, state taxpayer dollars [and] equipment, to be used to enforce his gun control agenda.

In the South Dakota bill, officers can face $50,000 in civil penalties if they violate the law. But Dorr said that money is collected from law enforcement agencies, not the officers themselves.

Dorr objected to wording in the South Dakota bill that hands the $50,000 to the state. He said gun owners should get the money.

One of the opponents is the South Dakota Sheriffs Association, represented at the hearing by lobbyist Dick Tieszen. He pointed out that the $50,000 civil penalty would be paid by taxpayers.

Another opponent is Krista Heeren-Graber, executive director of the South Dakota Network Against Family Violence. She said domestic violence programs rely heavily on federal grants, and the application process requires cooperation with federal law.

We actually need to sign off on a certification that certain things are covered in our state law, she said, and one would be to ensure that were following the federal guidelines set out, for example, in the Violence Against Women Act.

The bill specifies that gun protections exist for law-abiding citizens, not people convicted of crimes.

But Heeren-Graber said federal law requires that guns are removed from respondents in protection orders for domestic violence and stalking, which are civil orders.

They could still be considered a law-abiding citizen, because that is not technically a crime, Heeren-Graber told the committee.

The House Judiciary Committee voted to pass the bill along to the full House for floor debate.

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Bill banning state cooperation with federal gun enforcement moves forward - SDPB Radio

Incumbent Ron Copeland will be seeking a second term in the Missouri House of Representatives in the Republican primary on August 2, 2022. Due to redistricting, Copeland will run in the new 120th house district, which includes all of Dent and Crawford counties. As of now, Copeland stands unchallenged in the Republican field for his seat.

I am proud of all the progress weve made on issues like the Second Amendment and fiscal responsibility this past session, stated Copeland, but there is still so much more to do. Now that Ive served in the Missouri House, I realize just how big government has become. My goal remains the same: to reel in regulations and let people take back control of their lives.

Copeland is a proud pro-life, pro-gun, and pro-law enforcement member of the Missouri Republican supermajority. He was first elected in 2020 to replace the termed-out Republican before him. Since taking office, the state representative has filed legislation to support the logging industry of his area, as well as co-sponsored bills to ensure law enforcement remains fully funded throughout the state.

Im surprised by some of the legislation Ive had to push for in my short time here. It just serves as another example of how out-of-touch radical liberals have become. Ive co-sponsored a bill to protect employees from being discriminated against for their vaccination status and fought hard to ensure veterans are honored for their service. I have worked on multiple bills about public safety, because extremists want to defund our police right here in Missouri. And Im proud of each of these efforts to keep socialism out of our lives.

For Copeland, love of God, family, and country comes first and foremost. With a background in the Missouri National Guard and the Missouri State Highway Patrol, he understands that freedom is never free. Therefore, he has made it a priority to focus his time in office to defending the constitutional rights of all Missourians.

Without our core freedoms, what do we have? Nothingno, worse than nothing: tyranny. My job as a representative is to be your voice and ensure your rights are never infringed upon. Any good policy we accomplish must be built on top of that solid foundation. I am adamant about reminding my peers of what our job here in the capitol is first and foremost. Im determined to hold politicians accountable to their word to ensure conservative principles are maintained here in Missouri.

Ron and his wife, Denise, are longtime residents of Dent County and attend Grace Community Church. When not in the office, Ron can be found at his home in Salem spending time with his wife, children, and granddaughter.

Ron Copeland has retained Axiom Strategies as consultants on his re-election campaign.

Originally posted here:
Ron Copeland to run for re-election - The Missouri Times

I believe that all of us are entitled to occasionally get our mords wixed, or utter some other grammatical gaffe which becomes fodder for social media. For example, former President Obama, during his first campaign for the Presidency, told a reporter that he had been to all 57 states. Im guessing that he knew there were only 50, but after an extensive campaign, it just felt like 57. Nonetheless, he did receive (deservedly) a fair amount of ribbing for that slip of the tongue.

What I have a hard time understanding is when someone writes or tweets something that shouldnt have been said or tweeted. After all, we do have a chance to proofread our tweets, or at the very least have someone look them over for accuracy prior to posting them. Additionally, I am troubled by lawmakers who propose outlandish bills that have no chance of ever passing (or if they have a chance of passing, God help us all!)

Recently I was musing about Representative Lauren Boeberts tweet concerning the American Constitution. She wrote, and I quote, The Constitution is not evolving. To say that spits in the face of every single one of our founders. (Feb 2, 2022). Considering the day that she posted this, at first, I thought it might be a Groundhog Day joke, but then I realized that there arent any Groundhog Day jokes, so I was left to ponder her lack of understanding of the Constitution.

Boebert has become a lightening rod for left-wing mirth and ridicule due to her apparent lack of understanding about any number of historical events, Constitutional law, you name it. This proud woman carries a gun on her hip and derides anyone who doesnt follow her version of this great experiment we call America.

I truly wonder if she has even read the Constitution. If she had, she would realize that this is a living document to the extent that it has been amended 27 times. Were it not for the Second Amendment, her gun toting days might be over, and if not for the 19th Amendment (womens suffrage) she wouldnt have been allowed to run for public office; in fact, she couldnt even vote. (Not quite accurate, as Colorado did allow women to vote prior to the ratification of the 19th Amendment, but her buddy, Marjorie Taylor Greene couldnt have participated.)

Even those that wrote and approved the Constitution quickly realized that it needed to be amended. The Bill of Rights (the first 10 Amendments) are essential to our way of life. These were proposed in 1789 and ratified in 1791. (Thankfully!)

The 18th and 21st Amendments cancelled each other out. Carrie Nation, aka Hatchet Granny, and her temperance movement were instrumental in outlawing the manufacturing and sale of alcohol in the United States. (It is rumored that she had to get the Senators drunk before they would forward such a matter to the states, but thats just rumor!) The 21st Amendment undid the 18th, and Ill drink (moderately) to that!

I could go on and detail the remaining amendments, but you get my point; the Constitution is an evolving document which can and has been amended as necessary to promote the common good.

Margorie Taylor Greene, a freshman representative from Georgia, who once theorized on Facebook that former California Gov. Jerry Brown started a wildfire with space lasers, said recently in an interview on One America News, Not only do we have the D.C. jail, which is the D.C. gulag, but now we have Nancy Pelosis GAZPACHO (emphasis added) police spying on member of Congress

I pray that she knows the difference between the Gestapo and Gazpacho but considering some of the other seemingly loony things shes said and written, I wouldnt bet the farm on it. (And if wasnt for the repeal of the 18th Amendment Hard to say. Right?) Whatever your take on it is, it wasnt soup-er smart!

Although the aforementioned examples are fodder for derision, they dont even come close to the stupidity of a recently introduced Bill in the Oklahoma Senate. Senator Rob Standridge introduced legislation that would allow parents to sue any public-school educator who teaches anything in opposition to closely held religious beliefs of students. That would allow creationist parents who eschew the study of evolution to sue the teacher who was teaching what is accepted science. And to flip to script a bit, it would allow a Muslim parent to sue a teacher for teaching anything other than a belief in Allah.

An aggrieved parent could be awarded up to $10,000 per incident, teachers could not receive remuneration from outside sources, and if they failed to pay, they would be fired immediately.

Standridges bill didnt stop there though. It also would have allowed individual parents the power to demand the removal of any book from the school that the parent believed contained LGBTQ content. (And no, Standridge is not a member of the Taliban in Afghanistan, even if his behavior is reflective of those cultural values!)

Im sure that throughout history, there have been any number of off the wall statements, legislative notions, and misinformed utterances. Social media highlights these on a daily basis providing metaphoric provender for late night talk show hosts and columnists. That said, there are many things that I wish had never been written or said, but when I hear them, still make me go, Huh??

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WESTFALL: Things that make me go, Huh? - Journal Advocate

The Volusia County Council unanimously approved on Tuesday, Feb. 15, an amendment to the county'sInterlocal Service Boundary Agreement with the city of Ormond Beach, which will facilitate the possible development of a new residential project.

The city and county entered into the original agreement in 2014, according to the council agenda item summary, with the goal to ensure utilitiesare delivered to an area that will eventually be annexed by the city. The new amendment involves 103 acres located north of U.S. 1 and east of Plantation Oaks Boulevard in unincorporated Volusia County, a development known as Ridge Haven. A maximum of 298 units could be built, if a development order is ultimately approved by the Ormond Beach City Commission. A site plan has not yet been submitted to the city.

The ISBA would prevent the developer from having to go beforeboth the county and the city forseparate development orders, as a portion of the development lies within the existing ISBA, and would result in the annexation of Ridge Haven into the city. This is the second amendment approved for the ISBA; the first involved the development of Plantation Oaks. The City Commission approved the amendment on second reading at its Dec. 7, 2021 meeting.

"The Interlocal Service Boundary Agreement has been a very useful tool in the U.S. 1 corridor, starting back in 2014," Ormond Beach Planning Director Steven Spraker said. "It's led to code enforcement, it's led to infrastructure new water and sewer lines going through the U.S. 1 corridor and it's led to partnerships with private property owners for landscaping. So there's been a lot of activity, a lot of positive activity I think, in the U.S. 1 corridor."

While the approval was unanimous, there was discourse on the council regarding concern about the development and whether this project could be altered to follow Low Impact Development principles. But in order to do that, the council would have had to turn down the ISBA amendment and renegotiate a new sub-agreement.

Volusia County Councilwoman Heather Post said she understood that, but pointed out that low impact development is achievable. She questioned at what point should the council stand firm on their view of what Volusia should be doing and what the future should look like.

"We do keep talking about low impact development, but you know, not a whole lot of movement," she said.

Volusia County Council Chair Jeff Brower said he had gone backand forth on how he would vote, but said that ultimately, he believed the county had gotten every concession they could for the Ridge Haven project.

"The public doesn't think we say no enough to how we develop," Brower said. "Not to 'If we're going to develop, if we're going to grow' We are going to grow. We have to do it responsibly."

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County Council OKs agreement with Ormond, new housing development in the works - Ormond Beach Observer

The Constitution is specific when it comes to our right to defend ourselves. The words boldly declare, The right of the people to keep and bear arms shall not be infringed.

The fact that I will defend that right is an important distinction between myself and politicians like President Joe Biden, who said from the White House in April of last year that, with regard to the Second Amendment, no amendment, no amendment to the Constitution is absolute. These are the words of a politician with plans to chip away at the Bill of Rights.

The Biden gun-grabbing agenda includes bans on certain firearms, gun buyback programs, lawsuits targeting gun manufacturers, and restrictions on private firearm transfers that fundamentally end gun shows. I am 100% against federal politicians restricting gun rights because I stand with our founders who wrote this countrys founding documents.

The Constitution recognizes an existing natural right of all people to be free from government oppression. It also allows personal protection through the right to keep and bear arms. I have stood strong to protect the rights of my people here in South Dakota. Those on the extreme Left have opposed my thoughtful approach to COVID-19 and condemned my refusal to infringe on the freedoms of our citizens. I kept our state open and did not impose unconstitutional mandates. This battle for our right to bear arms will require the same fortitude and determination.

Our outdoor heritage and hunting culture are popular in my state of South Dakota, yet they're not so popular with politicians from states such as New York, California, and Delaware. Unlike so many other politicians, I am an actual hunter. My Grandma Dorris taught me how to hunt birds when I was a young girl, and my father was the one who took me big-game hunting. Our family has made so many memories enjoying and exercising our Second Amendment rights. I have never lost that love for the outdoors and hunting, and I have passed it on to my children. Hopefully soon, I will also enjoy this pastime with my brand new granddaughter, Miss Addie. Hunting is an important part of gun rights, yet we must never forget that these rights were protected in our Constitution for another reason, too. Our founders wisely included this language to also guard against tyranny, like we experienced from Great Britain at the founding of this great nation.

Politicians should be judged by their actions. The first bill I signed into law here in South Dakota was constitutional carry. A previous governor had vetoed it, but I wanted the people of South Dakota to know I would protect their Second Amendment rights. Earlier this month, I announced at my State of the State address that I am eliminating all fees associated with permits and federal background checks for gun sales. It wont cost a penny to exercise your Second Amendment rights in South Dakota.

I recently received the Courage Under Fire award from the Safari Club International. I was honored when CEO Laird Hamberlin spoke on my behalf at the event and said, No governor has fought more to protect our hunting traditions, and we cannot wait to recognize Gov. Noem as we celebrate SCIs 50 Years of Freedom. He cited my record for respecting the rights of her people by trusting them to use personal responsibility to make the best decisions for themselves, their loved ones, and, in turn, their communities." He thanked me by saying I have been a leader in promoting hunting, public access, and conservation across her state. I cite this because it is an award that should be shared with the people of South Dakota who are standing strong against oppressive ideas coming from Washington, D.C.

Conservatives in this country need only look to the states for leaders who have fiercely fought to protect their rights in the past. We will continue to protect Second Amendment rights, even if Democrats have total control of the executive and legislative branches of the federal government. As governor of South Dakota, I have proven I will stand strong against any attempt by Biden or a woke Congress to take away fundamental rights from South Dakotans. And I am ready to defend our constitutional right to bear arms once again and always.

Kristi Noem is the governor of South Dakota.

Link:
Protecting Second Amendment rights from Washington - Washington Examiner

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This week, the no-knock search warrant applications that led to Amir Locke's death earlier this month were unsealed. They show that the officers asked for the use of a no-knock warrant at night for their own safety. Locke- a legal gun owner - was shot when police roused him from slumber with a gun in his hand - a point that police are using to justify his death. But it's another clear example that the Second Amendment's right to keep and bear arms just doesn't seem to apply to Black Americans.Feb. 13, 2022

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Amir Locke and the Second Amendment - MSNBC

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Texas Democratic gubernatorial candidate Beto ORourke appeared to back off his 2019 statement that "hell yes" he intends to take guns away from citizens if elected to office.

"Im not interested in taking anything from anyone," ORourke told reporters in Tyler, Texas on Tuesday, according to KLTV. "What I want to make sure that we do is defend the Second Amendment."

FILE - Texas Democrat gubernatorial candidate Beto O'Rourke speaks during a campaign event (AP Photo/LM Otero, File) (AP)

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While running for president in 2020, ORourke famously pledged to take guns away from American citizens if elected president.

AUSTIN, TX - JUNE 08: Texas Governor Greg Abbott attends a press conference where he signed Senate Bills 2 and 3 at the Capitol on June 8, 2021. (Photo by Montinique Monroe/Getty Images)

"Hell yes, were going to take your AR-15, your AK-47," the El Paso, Texas native said. "Were not going to allow it to be used against our fellow Americans anymore."

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Last November, ORourke stood by that remark shortly after announcing his bid for governor telling CNNs Jake Tapper, "I still hold that view."

ORourke explained to reporters on Tuesday that his position on guns is based on his desire to "listen to law enforcement."

In this Sept. 7, 2019 file photo, Democratic presidential candidate former U.S. Rep. Beto O'Rourke, D-Texas, (Associated Press)

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"I want to make sure that we protect our fellow Texans far better than were doing right now," ORourke said. "And that we listen to law enforcement, which Greg Abbott refused to do. He turned his back on them when he signed that permitless carry bill that endangers the lives of law enforcement in a state thats seen more cops and sheriffs deputies gunned down than in any other."

The Texas gubernatorial primary is scheduled to take place on March 1 where ORourke is expected to move on to the general election to face the states current Republican Gov. Greg Abbott provided he survives a primary opposition from more than half a dozen contenders, including former Texas GOP chair Allen West, a former congressman from Florida, and former state Sen. Don Huffines.

According to the US Concealed Carry Association, 21 states including Maine currently have permitless carry.

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Beto says he isn't 'interested' in 'taking' guns 'from anyone,' wants to defend Second Amendment - Fox News

Just one month into 2022, it became clear that the new year hasnt brought relief from the unprecedented spikes in violent crime in many cities since the summer of 2020.

TakePhiladelphia, for example. With140 carjackings reportedthrough the first five weeks of 2022, the city is well on pace to surpasslast years total of 757carjackings.

Portland, Oregon, meanwhile, experienced morehomicides and shootings in January 2022than in January 2021doubly concerning, since 2021 was by far the most violent year in Portlands history.

These cities are far from alone.

Yet, progressive prosecutorsin many of themseem to be doingtheir best to ensurethateven the most violent criminalsreceive minimal punishment. Worse, cities such as San Jose, California, choose to lay the blame for criminal gun violenceat the feet of lawful gun owners, imposing useless insurance mandates and unconstitutional taxes.

Now more than ever, its necessary to highlight the importanceand prevalenceof armed citizens who rely on their Second Amendment rights when the government cant or wont be there to protect life, liberty, or property from violent criminals.

For this reason, The Daily Signal each month publishes an article highlighting some of the previous months many news stories on defensive gun use that you may have missedor that might not have made it to the national spotlight in the first place. (Read other accountsherefrom 2019, 2020, and 2021.)

The examples below represent only a small portion of the news stories on defensive gun use that we found in January. You may explore more by using The Heritage Foundations interactiveDefensive Gun Use Database. (The Daily Signal is the multimedia news organization of The Heritage Foundation.)

These cases and the many others we found last month underscore the importance of the right to keep and bear arms for ordinary Americans.

The ability to defend ones life, liberty, and property from criminals is particularly important during times like these, when many law enforcement agencies are struggling to keep up with rising crime rates and many public officials refuse to meaningfully enforce the law.

As the year progresses, policymakers should strive to acknowledge and support this fundamental right, rather than undermining it with more unnecessary restrictions on lawful gun ownership.

This piece originally appeared in The Daily Signal

Link:
11 Examples of Defensive Gun Use Highlight Importance of Second Amendment in New Year - Heritage.org

Edward J. Curtis, Jr.| Guest Columnist

Politicians and constituents react to Gov. Bill Lee's recent permitless carry legislation

Politicians and constituents give their take about Gov. Lee's support for permitless gun carry legislation

Mike Fant, The Tennessean

On Christmas morning, 12-year-old Artemis Rayford was killed in his Memphis home by a stray bullet. The boy had recently written Governor Bill Lee about Tennessee's Permitless Carry Law to tell him that, in his opinion, "the new law will be bad, and people will be murdered."

When Gov. BillLee signed the Permitless Carry Law, he tweeted "I signed constitutional carry today because it shouldnt be hard for law-abiding Tennesseans to exercise their #2A rights."

Neither the Second Amendment nor Tennessee's constitution requires that Tennesseans, or any American citizen, be allowed to carry weapons at any time for any purpose.

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The Tennessee Supreme Court ruled in 1840 that the right in the Tennessee Constitution to keep and bear arms protected only "usually employed military equipment." In 1939 the United States Supreme Court adopted the Tennessee Supreme Court's interpretation of the right to keep and bear arms, when it upheld the 1935 Firearms Act by finding that a short-barreled shotgun was not "ordinary military equipment."

The Tennessee Supreme Court's 1840 decision upheld the conviction of a man who was carrying a bowie-knife under his clothes. The Court explained that the arms protected by its Constitution were military equipment, not concealed weapons, which it described as "useless in war" and "efficient only in the hands of the robber and the assassin."

Not only did the Tennessee Supreme Court uphold a concealed weapons ban, it refused to follow a Kentucky court decision that found that Kentuckians had a right to carry concealed weapons.

In 1822, the Kentucky Supreme Court had vacated the conviction of a man who was found to carry a sword concealed in a cane. The Tennessee Supreme Court pointed out that Kentucky's version of its citizens' right to keep and bear arms extended to personal defense, unlike Tennessee's version, and unlike the Second Amendment.

Kentucky later amended its version of the right to keep and bear arms to overrule its Supreme Court and permit the State to ban concealed weapons.

The United States Supreme Court is still relying on the reasoning of the Tennessee Supreme Court. In 2008 Justice Antonin Scalia explained that ordinary military equipment did not include weapons such as machineguns, which, though useful in war, were "not typically possessed by law-abiding citizens for lawful purposes."

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The reason the Tennessee Supreme Court focused on military equipment was that, in the nineteenth century, the militia was a crucial part of the United States' defense. The army was small and the country was large.

The militia was a great deal larger than the army. It included all persons in each state "physically capable of acting in concert for the common defense." The states mustered their militias for training and, when needed, defense.

The Second Amendment protected the right of citizens to keep and bear arms needed to defend the state. The arms the citizens produced needed to, at least, show the state's enemies that its citizens wanted to defend the state. A citizen who conceals his weapon shows no desire to defend anything.

There is no "constitutional carry" that is required either by the Second Amendment or the Tennessee Constitution. A law that allows anyone to carry a weapon anytime for any purpose is just a bad law, as Artemis Rayford wrote in his letter to Governor Lee.

Edward J. Curtis, Jr., is an attorney and the author of "Of Arms and the Militia: Gun Regulation by Defining 'Ordinary Military Equipment'" in the Touro Law Review.

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Tennessee's historic reading of the right to keep and bear arms | Opinion - Commercial Appeal

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