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Supreme Court Orders U.S. City to Explain Its Confiscation of Legal Guns

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The U.S. Supreme Court has ordered officials in San Jose, California, to explain why they confiscated the legally owned guns of Lori Rodriguez. . .

The case was brought by the Second Amendment Foundation on behalf of the woman. . .

“We’re encouraged by this development in the case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “If the city thought they could just ignore this case and make it go away, they’re wrong.” . . .

“Her firearms were seized seven years ago after her husband was taken to a hospital on a mental health issue,” the foundation said. “At the time, a San Jose police officer advised Rodriguez he had authority to seize all firearms in the residence, including those belonging solely to her, which were all locked in a California-approved safe. The guns were taken without a warrant, and over Rodriguez’s objection.”

Gottlieb said the inquiry is “a significant development, because it signals the Supreme Court is interested in the case.” (Read more from “Supreme Court Orders U.S. City to Explain Its Confiscation of Legal Guns” HERE)

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Biden Spokesman: Joe Would Order Gun Shops Shut Down in Pandemic

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Gun-control activist and Joe Biden surrogate Fred Guttenberg said the presumptive Democratic nominee would shut down gun stores in the midst of the coronavirus pandemic.

Guttenberg told the audience at a virtual town hall Monday that Trump was killing Americans by allowing gun stores to remain open, pointing to federal guidelines that labeled gun businesses “essential.”

“This decision by this administration is going to lead to additional people dying in this country,” Guttenberg said. “Joe Biden would not have called these essential businesses in the middle of a pandemic. It’s that simple. And so shame on the politicians who allowed this to happen. Shame on the businesses who are using this pandemic as a business sales opportunity.”

Guns and their availability during the pandemic have been a point of contention in the 2020 presidential race. Biden accused his former rival, socialist Vermont senator Bernie Sanders, of being responsible for “150 million” gun deaths because of a decade-old vote on manufacturer liability. Guttenberg similarly said the blame would be on Trump for additional deaths stemming from gun sales, calling gun stores’ continued operations “the height of irresponsibility.”

(Read more from “Biden Spokesman: Joe Would Order Gun Shops Shut Down in Pandemic” HERE)

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“Obama Judge” Rejects 2nd Amendment, Says States, Counties May Force Gun Stores to Close

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Even though Los Angeles County Sheriff Alex Villanueva has reluctantly agreed that gun stores can open in his jurisdictions, a lawsuit challenging his earlier closures is still winding its way through the federal court system, and Monday afternoon U.S. District Judge Andre Birotte ruled against the Second Amendment organizations that brought the suit, refusing their request for a temporary injunction and setting up the possibility that Villanueva could once again order gun stores to close.

In his decision, Birotte declared that Los Angeles County and the state of California were within their emergency powers to close gun stores, ruling that the orders should be viewed under an intermediate standard of judicial scrutiny. That muddy middle legal ground allows for judges like Birotte to sign off on almost any gun control law that doesn’t amount to a complete and permanent ban on entire classes of firearms. As the judge wrote in his order denying the temporary injunction:

In applying intermediate scrutiny to the County and City Orders, the Court must consider (1) whether the government’s stated objective is significant, substantial, or important, and (2) whether there is a reasonable fit between the challenged regulation and the asserted objective. See Chovan, 735 F.3d at 1139. The City’s and County’s stated objective—reducing the spread of COVID-19, a highly dangerous and infectious disease—undoubtedly constitutes an important government objective. Moreover, because this disease spreads where “[a]n infected person coughs, sneezes, or otherwise expels aerosolized droplets containing the virus,” (Dkt. No. 21) the closure of non-essential businesses, including firearms and ammunition retailers, reasonably fits the City’s and County’s stated objectives of reducing the spread of this disease. Accordingly, Plaintiffs fail to demonstrate a likelihood of success on the merits of the Second Amendment claim against the County and City Orders.

(Read more from “Obama-Appointed Federal Judge Forces Gun Stores to Close” HERE)

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FBI Says Skyrocketing Demand for Guns Has Broken Record for Background Checks; Gun Control Activists Freak Out at Trump

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By The Blaze. The panic over the coronavirus pandemic has resulted in such a demand for gun purchases that the FBI has noted a record-breaking number of gun background checks.

The FBI says they fulfilled 3.7 million background checks for the month of March, the largest monthly number they have ever seen.

Previously the record for monthly background checks was 3.3 million in December of 2015.

The record set for March is more than one million higher than that from a year previous in March, when the FBI said they fulfilled 2.64 million checks.

Gun store owners have reported a skyrocketing demand for firearms, and many have sold out their inventory. Long lines delay new gun owners, many of which are frustrated by the gun control laws they face. (Read more from “FBI Says Skyrocketing Demand for Guns Has Broken Record for Background Checks” HERE)

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Trump Coronavirus Guidance on Keeping Gun Stores Open Draws Criticism

By Reuters. Gun control activists on Monday criticized guidance issued by President Donald Trump’s administration recommending that states find that gun stores are critical businesses that can stay open during the coronavirus crisis.

The new guidance, issued on Saturday by the Cybersecurity and Infrastructure Security Agency, offers the administration’s views on which workers are essential during the pandemic at a time when state governors have ordered numerous “non-essential” businesses to close to try to limit the spread of the virus. The agency is part of the U.S. Department of Homeland Security.

Gun control advocates said gun rights groups are sowing fear during the pandemic in order to boost firearms sales, adding that increased gun ownership during the crisis could lead to more domestic violence.

“Adding more guns to more homes during a time of more anxiety could lead to more deaths. And that’s the last thing we need when our hospitals are already bursting at the seams,” said John Feinblatt, president of Everytown for Gun Safety, a leading gun control group. (Read more from “Trump Coronavirus Guidance on Keeping Gun Stores Open Draws Criticism” HERE)

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Trump Admin Names Gun Makers, Retailers Essential Businesses Nationwide; But Exactly Why Are Liquor Stores Essential Businesses?

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By Breitbart. President Trump’s Department of Homeland Security released updated guidelines naming gun manufacturers and retailers as essential on Saturday, which means they are to stay open and operational nationwide during a Chinese coronavirus shutdown. . .

The Second Amendment Foundation’s Alan Gottlieb commented on the DHS declaration, saying, “Every freedom loving American owes President Trump and his administration a very big thank you for protecting our Second Amendment Rights. This is another Trump promise made and promise kept.”

The DHS declaration comes just days after Governor Phil Murphy (D) laughed in the face of a man who expressed concern that the statewide shutdown in New Jersey had put an end to gun sales, thereby eliminating the ability to get a firearm for self-defense. (Read more from “Trump Admin Names Gun Makers, Retailers Essential Businesses Nationwide” HERE)

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Why Are Liquor Stores Essential Businesses?

By Psychology Today. With an increasing number of states issuing “stay at home” or “shelter in place” directives, businesses regarded as essential remain open. The lists of “essential businesses” have some variation across states and with the federal government, but there are large swaths of overlap.

Essential businesses or workers include those concerned with healthcare, telecommunications, information technology, defense, food and agriculture, transportation, energy, water and waste water, law enforcement, and public works. All of these types of work contribute to the common good. In every state with a “stay at home” directive, liquor stores are considered essential businesses. That’s quite interesting.

The most obvious explanation may be that liquor falls under the category of food and agriculture. This category includes groceries, pharmacies, convenience stores, and other retailers that sell human food, animal or pet food, and beverage products. Restaurants with carryout or delivery service fall into this category as well. Liquor stores obviously sell beverages, both alcoholic and non-alcoholic. They often also sell snack foods. Many states allow convenience stores to sell alcohol. Mystery solved.

There is more to the story, I suspect, than membership in the food and agriculture category. We might push the question further back to ask why alcoholic beverage products are included. The amount of money that excise alcohol taxes bring federal, state, and local governments is significant. The United States government levies taxes on alcohol in three categories of spirits (hard liquor), beer, and wine.

The unit of measurement is the gallon with the exception of beer, which is the barrel (31 gallons) The federal tax on a gallon of spirits is $13.50 and wine $1.07-3.40 depending on alcohol content. Beer is $18.00 per barrel. The federal government collects roughly $1 billion from alcohol taxes each month. States add their own taxes on top of the federal taxes. States’ taxes on alcohol vary tremendously; Washington state has the highest rate at $32.52 per gallon of spirits while Missouri has one of the lowest at $2.00 per gallon. Quite simply, there’s big money in alcohol sales. (Read more from “Why Are Liquor Stores Essential Businesses?” HERE)

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This State Is Not Putting up With Gun Shops Being Closed

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By The Blaze. Texas Attorney General Ken Paxton issued a letter warning city and county officials that they did not have the authority to shut down gun shops in Texas over the coronavirus pandemic. . .

Paxton outlined the Texas law that governed the power of local governments over firearms sales in his letter and came to a stern conclusion.

“Thus, although section 418.108 of the Government Code may generally allow municipal and county officials to ‘control the movement of persons and the occupancy of premises’ in a local disaster area, notwithstanding that general authority, emergency orders from local officials may not relate to the transfer, possession, ownership or sale of firearms,” he wrote.

Paxton goes on to assert that local authorities do have the right to regulate use of firearms, but that does not extend to the sale or transfer of firearms. (Read more from “This State Is Not Putting up With Gun Shops Being Closed” HERE)

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Guns and Ammo Sales, Pistol Permit Applications Soar in NC Amid Coronavirus Anxiety

By The News Observer. Just after 10 a.m. Tuesday more than 100 people were either inside or lining up outside Perry’s Gun Shop in Wendell, the store’s owner said.

Nearly half were in the store, where owner Berry Perry said he was trying to enforce social distancing.

“I am trying to limit the number of people in the store to recognize the six-foot safety limit,” he said.

The gun store, which is selling hundreds of firearms a day, is one of many across the Triangle and the nation seeing business surge as new and existing gun owners clear shelves of guns and ammunition amid the uncertainty of the novel coronavirus’ impact on the community and supply chains. (Read more from “Guns and Ammo Sales, Pistol Permit Applications Soar in NC Amid Coronavirus Anxiety” HERE)

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U.S. City Orders Gun Stores to Shut Down

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Gun shops in Los Angeles are nonessential businesses and will have to close their doors amid coronavirus restrictions, Los Angeles County Sheriff Alex Villanueva said Tuesday.

“There are hundreds of businesses which, through no fault of their own, do not fall under the Governor’s definition of critical infrastructure,” Villanueva said during a press conference. “As a result, I have instructed my deputies to enforce closures of businesses which have disregarded the Governor’s order (gun stores, strip clubs, and other non-designated businesses).” . . .

The announcement comes one week after California Gov. Gavin Newsom issued a shelter in place order directing the state’s nearly 40 million residents to stay home, beginning March 20 to help stop the spread of coronavirus. . .

Last week, the California Rifle and Pistol Association issued a bulletin arguing that gun stores are essential businesses and should be allowed to continue operation. (Read more from “U.S. City Orders Gun Stores to Shut Down” HERE)

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Black Gun Owner Arrested for Carrying a Licensed Gun and Possessing Legal Ammunition

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A black man in New Jersey is fighting charges after being arrested for carrying a firearm and possessing polymer-tipped ammunition — both of which he says he is authorized to do under state law.

New Jersey police arrested Roosevelt Twyne, a 25-year old black American who works as a security guard, in February after officers performed a traffic stop on him due to his vehicle’s tinted windows, the Washington Free Beacon reported. Twyne’s attorney, Evan Nappen, told the news outlet that his client was then charged for illegally carrying a firearm and being in possession of ammunition that officers erroneously referred to as “hollow-point.”

But, according to Nappen, Twyne has a permit for carrying a firearm and the ammunition in his possession was state-approved. Even more, it was the same as the ammunition issued by his employer.

“He had a permit to carry a handgun,” Nappen said, adding that the law “makes it clear that it’s illegal to transport unless you are licensed pursuant to chapter 58. And that is precisely what a handgun carry permit is.”

As for the polymer-tipped Hornady “Critical Duty” ammunition in question, Nappen directed attention to a New Jersey State Police website that says that the ammunition is “not considered to be hollow point ammunition” and is not illegal to possess in the state. (Read more from “Black Gun Owner Arrested for Carrying a Licensed Gun and Possessing Legal Ammunition” HERE)

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California County Plans to Create Special Task Force to Confiscate Guns From Banned Gun Owners

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Santa Clara County in California has announced a plan to implement a brand-new task force to confiscate firearms from citizens who are not permitted to have them. . .

On Monday, Santa Clara County officials announced the possible formation of what they call a “County Gun Team.”

The sole purpose of the team is to take away firearms from those people who should not have them.

Officials said that approximately 4,600 people annually are court-ordered to turn in their guns, which necessitates the County Gun Team.

Santa Clara County Supervisor Cindy Chavez requested the county’s board of supervisors to fund the new program, to the tune of $427,000 annually, in order to cover attorney and investigator expenses for the new team. (Read more from “California County Plans to Create Special Task Force to Confiscate Guns From Banned Gun Owners” HERE)

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This State’s Pro-Gun Bill Will Keep Kids Safer

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A new law in Kentucky will mandate that all school police officers must carry guns as part of an effort to secure the lives of the students.

Democratic Governor Andy Beshear signed the bill into law on Friday, ending months of controversy and protests from anti-gun groups and Democrats in the state legislature. The bill, however, received overwhelming bipartisan support in the Kentucky House and Senate.

Education Chairman of the Senate, Republican Max Wise, praised Beshear for signing the bill, citing the boost to school safety in the state. “This new legislation, which goes into effect immediately, is crucial to the General Assembly’s continued efforts to protect Kentucky’s children, teachers and staff by improving the safety of our schools,” he said. “I am appreciative of all those who provided the necessary input and support to see this measure come to fruition.”

Though the bill sailed through the House and Senate earlier this year on its way to the governor’s desk, the Black Caucus protested, citing what they felt was an added danger to black students in Kentucky schools. “I’m asking that you consider children that come from a different walk,” said Democratic House Rep. Charles Booker, who is launching a campaign for the U.S. Senate. He further expressed fear that minority students could be mistreated by armed police in the school.

A bipartisan committee was formed in the Kentucky General Assembly following the death of two students in 2018 shooting at Marshall County High School. That committee was tasked with talking to parents, teachers, students, and law enforcement in the state to determine the best solutions. “We have a responsibility to protect our children,” said a parent of a 15-year-old shooting victim at Marshall. “They are more important than anything.” (Read more from “This State’s Pro-Gun Bill Will Keep Kids Safer” HERE)

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