Bradley Byrne: We can’t let up in the fight against gun-grabbers
Congressman Bradley Byrne discusses his efforts to preserve 2nd amendment rights.
Supreme Court takes up gun case, though disputed law has changed
The Supreme Court is turning to gun rights for the first time in nearly a decade, even though those who brought the case, New York City gun owners, already have won changes to the regulation they challenged. The justices’ persistence in hearing arguments Monday despite the city’s action has made gun control advocates fearful that the court’s conservative majority could use the case to call into question gun restrictions across the country. Gun rights groups are hoping the high court is on the verge of extending its landmark rulings from 2008 and 2010 that enshrined the right to have a gun for self-defense at home. For years, the National Rifle Association and its allies had tried to get the court to say more about gun rights, even as mass shootings may have caused the justices to shy away from taking on new disputes over gun limits. Justice Clarence Thomas has been among members of the court who have complained that lower courts are treating the Second Amendment’s right to “keep and bear arms” as a second-class right. The lawsuit in New York began as a challenge to the city’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits, either to a shooting range or a second home. Lower courts upheld the regulation, but the Supreme Court’s decision in January to step into the case signaled a revived interest in gun rights from a court with two new justices, Neil Gorsuch and Brett Kavanaugh, both appointees of President Donald Trump. Officials at both the city and state level scrambled to find a way to remove the case from the justices’ grasp. Not only did the city change its regulation to allow licensed gun owners to transport their weapons to locations outside New York’s five boroughs, but the state enacted a law barring cities from imposing the challenged restrictions. “There is no case or controversy because New York City has repealed the ordinance and the New York state Legislature has acted to make sure it remains repealed,” said Jonathan Lowy, chief counsel and vice president of the gun control group Brady’s legal action project. But those moves failed to get the court to dismiss the case, although the justices are likely to ask at arguments about whether there’s anything left for them to decide. Paul Clement, who represents three New York residents and New York’s National Rifle Association affiliate challenging the transportation ban, said in an email that among the reasons the case remains alive legally is that the court frowns on tactical moves of the sort employed by the city and state that are meant to frustrate the justices’ review of an issue. In addition, he wrote, that “the City still views firearm ownership as a privilege and not a fundamental right and is still in the business of limiting transport and denying licenses for a host of discretionary reasons.” In the event the court reaches the substance of the law, the city does contend that what it calls its “former rule” did not violate the Constitution. But that would seem to be a tough sell given the court’s makeup, with Gorsuch and, in particular, Kavanaugh on the court. Kavanaugh voted in dissent when his federal appeals court upheld the District of Columbia’s ban on semi-automatic rifles. “Gun bans and gun regulations that are not longstanding or sufficiently rooted in text, history, and tradition are not consistent with the Second Amendment individual right,” Kavanaugh wrote in 2011. Gun control advocates worry that the court could adopt Kavanaugh’s legal rationale, potentially putting at risk regulations about who can carry guns in public, limits on large-capacity ammunition magazines and perhaps even restrictions on gun ownership by convicted criminals, including people convicted of domestic violence. “This approach to the Second Amendment would treat gun rights as an absolute right, frozen in history, and not subject to any restrictions as public safety demands,” said Hannah Shearer, litigation director at the Giffords Law Center to Prevent Gun Violence. Reflecting the possible high stakes, more than three dozen supporting legal briefs have been filed. The Trump administration, 25 mainly Republican states and 120 members of the House of Representatives are on the side of the gun owners. A dozen Democratic-led states and 139 House lawmakers back the city. In addition, Sen. Sheldon Whitehouse, Democrat-Rhode Island, a vocal court critic, filed a brief joined by four Senate Democratic colleagues that asked the justices to dismiss the case and resist being drawn into what he called a political project. Whitehouse also included a warning to the justices. “The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics,’” he wrote, quoting a public opinion poll showing support for such changes. All 53 Republican senators responded with a letter urging the court not to be cowed by the Democrats’ threats. A decision is expected by late June. By Mark Sherman Associated Press. Republished with the Permission of the Associated Press.
Supreme Court returns to gun rights for 1st time in 9 years
The Supreme Court said Tuesday it will take up its first gun rights case in nine years, a challenge to New York City’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits. The court’s decision to hear the appeal filed by three New York residents and New York’s National Rifle Association affiliate could signal a revived interest in gun rights by a more conservative court. The case won’t be argued until October. The challengers are represented by prominent lawyer Paul Clement, who has been urging the justices to elaborate on the extent of constitutional gun rights the Supreme Court declared in decisions in 2008 and 2010. The court had previously rejected several appeals. The court may be more willing to take on a gun rights case now that Justice Anthony Kennedy has retired and been replaced by Justice Brett Kavanaugh, who was President Donald Trump’s second high-court nominee to be confirmed. Clement says the case “is a perfect vehicle to reaffirm that those decisions and the constitutional text have consequences.” Joining in support of gun rights, 17 states said the court should break its years-long silence and use the case to define the scope of gun rights under the Constitution and the level of scrutiny, or skepticism, judges should apply to gun laws. New York’s ordinance allows people licensed to have handguns to carry them outside the home to gun ranges in the city. The guns must be locked and unloaded. The city residents who filed suit want to practice shooting at target ranges outside the city or take their guns to second homes elsewhere in New York state. Lower courts had rejected the challenge. The city’s top lawyer, Zachary Carter, urged the court to reject the case, arguing that the restrictions allowed New York police to reduce the number of guns carried in public. There are seven shooting ranges in the city and at least one in each of the city’s five boroughs, Carter said. Republished with permission from the Associated Press.
20 percent of Alabamians have concealed carry permit — highest in the country
The national gun debate continues to divide the nation leaving many Americans feeling as though their 2nd Amendments rights may soon be on the chopping block. In response to the uncertainty, more Americans across the country have been going out and getting guns. According to a July 2017 study by the Crime Prevention Research Center (CPRC), nearly two million Americans obtained concealed carry permits in 2016, meaning one in every 20 citizens now has a concealed carry permit (CCP). “All states now allow concealed carry,” CPRC President John Lott Jr. said. “And they are all issuing more permits. Not surprisingly, concealed carry is much more popular in states where permits are relatively inexpensive and easy to obtain.” Which is perhaps one of the reasons why Alabama, a known red-state, has the highest number of permit owners, 20 percent, of any state. Conceal carry permits in Alabama Alabama issues concealed handgun licenses only to residents of Alabama, through the sheriff of their county of residence. While permit fees vary by county, they range from $7.50 to $30 per year. WKRG reports, “According to [NRA] data, a vast majority of counties charge $100 for a five-year permit. At least, 46 out of 67 counties do.” The state does not issue carry conceal permits to out of state residents. Alabama reciprocity maps
NRA urges Alabamians to call legislators in support of gun bills
Two bills currently under consideration by the Alabama Legislature are receiving special attention from the National Rifle Association’s political action arm, the NRA Institute for Legislative Action (NRA-ILA). The pro-gun group is urging its Alabama members to contact their state representatives and senators in support of the bills over the next week and a half during the legislature’s spring break. The first of the bills, SB 14 sponsored by Sen. Gerald Allen, would allow Alabamians without certain criminal records to carry pistols, “without a license on property under his or 14 her control, in his or her vehicle, in his or her 15 place of abode, in his or her fixed place of 16 business, and on the property of another or a 17 vehicle owned by another, with consent.” While Alabama is a so-called “Open Carry” state, meaning citizens over the age of 18 may legally carry a holstered firearm unconcealed without a permit, under current law a gun is considered concealed as soon as an open carrier steps into his or her vehicle, requiring a permit issued by their county’s sheriff. The NRA-ILA and other proponents of the bill argue current law constitutes an undue burden on the Second Amendment rights of Alabamians. The most vocal opponents of the bill thus far have been from the sheriffs themselves, who argue that allowing those without permits to carry weapons in their vehicles would put their deputies in danger. “The only thing we’re saying is every time we turn around an officer is being killed just because he’s wearing a badge,” said Alabama Sheriffs Association executive director Bobby Timmons during a recent Senate Judiciary Committee hearing. “What is a life worth?” The bill was eventually OK’d by the committee on a 6-3 vote. The second bill, SB 304 sponsored by powerful Rules Committee chairman Sen. Jabo Wagonner, would allow Alabamians to obtain their concealed carry permit in any county in the state. Currently, although the sheriffs of each of Alabama’s 67 counties are required to remit permits to any law-abiding citizen who applies, the fees charged by their offices can vary widely. “A CWL (concealed weapons license) issued in Jefferson County ($7.50 a year) confers the exact same right across the state as a CWL issued in Baldwin County ($25.00 a year),” argued the NRA-ILA in a recent action alert. “Yet, over a 5-year period those rights cost approximately $85.00 more in Baldwin County. The permittee receives no additional benefit for this more expensive permit. As a result, the counties that charge excessive fees are simply generating revenue from a small group of law-abiding residents.” SB 304 sailed through its hearing in the committee for Governmental Affairs, earning a unanimous vote for favorable report. While the two bills may appear a sure thing, with their up swell of support from one of the nation’s most powerful political outfits and sponsorships from some of the Alabama Senate’s most senior members, similar bills have been handily defeated after outrage from the Sheriffs Association and other law enforcement groups. The legislature will reconvene on April 5.
Jim Zeigler to address gun rights group Saturday
State Auditor Jim Zeigler will speak to the pro-gun rights group BamaCarry in Bessemer this weekend on the importance of proactive protection of the Second Amendment and personal liberties through gun ownership. In an advance version of his remarks, Zeigler amends an apocryphal dictum of Thomas Jefferson by declaring, “The price of freedom is eternal, armed, and prepared vigilance.” It is not enough to just support the Second Amendment in principle, says Zeigler. A defender of liberty must put that belief into action. Or as Zeigler puts it: “Just sitting on the front porch watching is not enough. Unless you have a shotgun with you.” Zeigler will deliver his address at BamaCarry’s “Alabama Firearms Freedom Rally,” set for Saturday at the Bessemer Civic Center. The group boasts about 12,500 gun-supporting members across Alabama. In his speech Zeigler, who has held a unique ombudsman-like position in the state Cabinet since his election in 2010, plans to trumpet a recent move by leading gun manufacturer Remington to move operations to Alabama, and to declare that the best defense against crime is not the police or the state, but rather a well-armed and well-prepared citizenry. The BamaCarry convention is set to run from 9:30 a.m. to 5 p.m. Saturday. Tickets are available to the public for $25.
Jeb Bush criticizes President Barack Obama’s executive orders on guns
A set of President Obama’s gun-control executive actions show “an utter disregard for the Second Amendment,” presidential hopeful Jeb Bush said in a guest commentary for The Gazette published Tuesday. “Barack Obama has proved again why he will go down as one of the most liberal and divisive presidents in the history of our nation,” the former Florida governor wrote in the guest column in the Iowa newspaper. “Obama’s declaration that he will impose his gun control agenda by executive order shows an utter disregard for the Second Amendment as well as the proper constitutional process for making laws in our nation.” NEW VIDEO: I will fight as hard as I can against any effort by Pres. Obama to challenge our 2nd Amendment rights. https://t.co/zdiunpuwDd — Jeb Bush (@JebBush) Jan.5, 2016 Bush went on to say he would repeal Obama’s “anti-gun executive orders” on his first day in office. He also said he would oppose legislative actions that impose “unnecessary burdens on law-abiding gun owners.” Obama is set to formally announce the package of gun-control executive actions on Tuesday. The announcement comes just weeks from the Iowa caucuses, and will likely push the issue of gun control to the forefront of the 2016 presidential campaign. The executive actions include a background check requirement for guns purchased from dealers, even if they’re bought online or at gun shows. The new federal guidance aims to narrow the so-called gun show loophole that allows some purchases to occur without a background check. In his guest commentary, Bush called the Second Amendment the “original homeland security act.” “Rather than taking guns out of the hands of law-abiding citizens as Obama and Clinton would like to do, we should focus on keeping guns out of the hands of the terrorists who want to kill innocent Americans,” he wrote. “My commitment to responsible gun owners is clear. As president of the United States, I will defend the Second Amendment, always.” This article contains information from the Associated Press.
Email Insights: Richard Shelby defends second amendment rights
Thursday Senator Richard Shelby took to the Senate floor to honor those who were killed in the tragic shooting that took place on Wednesday and to praise first responders for their efforts and sacrifices. In the speech, Shelby decried President Barack Obama‘s calls for further gun restrictions as well as echoed sentiments he recently made about an executive order that resulted in fewer resources for local law enforcement officers. U.S. Senator Richard Shelby (R-Ala.) today spoke on the Senate floor to defend the rights of law-abiding citizens to keep and bear arms. The text of Senator Shelby’s remarks, as prepared, is below. “Madame President, the tragic murders that occurred in California yesterday are unthinkable and horrific. My thoughts and prayers go out to all of the victims, their families, and the entire community. I would also like to take a moment to thank the brave first responders who selflessly and honorably risked their own lives in order to protect the lives of others. “Following the tragic events of yesterday, President Obama – unsurprisingly – called to limit the Second Amendment rights of the American people through stricter gun control. This is yet another example of the President using tragic events to push his political agenda. “Madame President, infringing on the rights of law-abiding citizens to keep and bear arms is not the answer to curbing violent crime in America. Restrictive gun control measures only prevent law-abiding citizens from protecting themselves because criminals, by definition, refuse to follow the law. “In addition to President Obama’s misguided calls for gun control, he recently issued an executive order to remove unarmed military surplus vehicles obtained through the Section 1033 program from local law enforcement. “These vehicles have been valuable to local law enforcement in my home state of Alabama, specifically in Calhoun County. They were also used by the local law enforcement seeking to protect those in harm’s way yesterday in California. I have called on the President to reverse this dangerous decision in which he abuses the authority of his office by making unilateral decisions through executive fiat. “Madame President, during this time of increased uncertainty at home and abroad, the American people are looking to us for certainty that we will do everything in our power to keep them safe. Unfortunately, President Obama has once again chosen to attack and weaken local law enforcement and law-abiding citizens instead of focusing on fighting against criminals and radical Islamic terrorists. “Let me be clear: the President’s calls to increase gun control and remove equipment that local law enforcement uses to keep us safe only undermines the safety and security of American citizens. Madame President, we simply cannot – and must not – continue to let this Administration infringe upon our constitutional rights and put law-abiding Americans in harm’s way.”
State Supreme Court won’t revisit open-carry rule
The state’s highest court will not hear a challenge to an Alabama law allowing residents to openly carry firearms, according to an announcement last week. The Alabama Supreme Court issued the denial in response to a challenge brought by the City of Jacksonville, after a man convicted of violating a state law which prohibits “carrying a pistol on premises not one’s own or under his control” was exonerated by the high court, which also struck down the law as constitutional. A Calhoun County man named James Dean Tulley was confronted by a security guard outside a bank in Jacksonville while carrying a gun, which led to Tulley’s original charges. The Supreme Court reversed that conviction in September and denied Jacksonville’s appeal last week, making the ruling final, for now. The City of Jacksonville asked the court to re-hearing the case. In a written brief to the court, the cit agreed with the justices that the law is unconstitutional. They argued, however, the court should not make their ruling retroactive and affirm Tulley’s conviction. The nine-member panel denied the city’s request for a new hearing and upheld their reversal of the conviction under the law. J.D. Lloyd, an attorney for Tulley, said he believes the ruling represents the end of the review for both the case and the law. “Everything should be over. I’m not sure what the City’s going to try to do, but Jason should be done for good with this case. There’s really nothing else that they can do,” he said.
NRA-ILA thanks Luther Strange for “defending gun rights”
The political arm of the National Rifle Association the NRA-ILA publicly thanked Attorney General Luther Strange on Wednesday for his investigation into numerous complaints by Alabama residents of their second amendment rights being violated. In a statement released by his office on Wednesday, Strange said, “The Second Amendment Rights of Alabamians must be protected and I am committed to doing so. In a number of cases, violations of Alabama’s gun laws have been corrected after my office’s review. Most notably, ALDOT has agreed to remove signs from all state rest areas prohibiting firearms.” Strange’s office noted four investigations and their findings are below: Alabama Department of Transportation The attorney general’s office reviewed numerous complaints about the Alabama Department of Transportation’s (ALDOT) policy of banning firearms at state rest areas and determined that ALDOT’s firearm prohibition violates state law. After the Attorney General notified ALDOT that its policy was unlawful, ALDOT agreed to rescind its ban on firearms at state rest areas. https://www.ago.alabama.gov/File-Firearms-2015-002-Public-Statements City of Moulton The attorney general’s office reviewed a complaint about the city of Moulton’s prohibition of firearms at the Moulton Recreation Center and Alexander Park. As a result of the attorney general’s investigation, the city removed signs prohibiting firearms at the Moulton Recreation Center and at Alexander Park. https://www.ago.alabama.gov/File-Firearms-2015-003-Public-Statements Lawrence County Sheriff’s Office The attorney general’s office reviewed a complaint that the Lawrence County Sheriff’s Office’s pistol permits included conditions that violated state law. As a result of the attorney general’s investigation, the sheriff agreed to omit the conditions and include only this language on permits: “License to carry a Revolver or a Pistol Concealed on the person or in a vehicle is hereby granted, except where State law prohibits.” https://www.ago.alabama.gov/File-Firearms-2015-004-Public-Statements Auburn University and the University of South Alabama The attorney general’s office reviewed a complaint that the University of South Alabama and Auburn University both prohibit the carrying of firearms by all members of the university community, including visitors. After being contacted by the attorney general’s office, both universities confirmed that they do indeed prohibit the carrying of firearms on campus. However, the Legislature has not given the attorney general’s office the authority to enforce state firearms law with respect to public universities. https://www.ago.alabama.gov/File-Firearms-2015-001-Public-Statements The NRA-ILA statement said: The National Rifle Association’s Institute for Legislative Action (NRA-ILA) today commended Alabama Attorney General Luther Strange for upholding the Second Amendment rights of Alabamans. After reviewing and investigating complaints from citizens about state and local policies that prevented law-abiding gun owners from exercising their Second Amendment rights, Strange issued determinations that resulted in policy changes to protect the people’s right to Keep and Bear Arms. “Our constitutionally protected right to defend ourselves is under constant threat, in many cases by anti-gun bureaucrats or politicians who have overstepped their authority,” said Chris W. Cox, executive director of the NRA-ILA. “On behalf of the NRA’s five million members, I want to thank Attorney General Strange for investigating these cases and upholding the Second Amendment rights of law-abiding Alabamans. Luther is putting all state bureaucrats and localities on notice that Alabama will not tolerate any violation of our right to Keep and Bear Arms.” In the first complaint, Strange found the Alabama Department of Transportation (ALDOT) violated state law by banning firearms at state rest stops. As a result of Strange’s determination, Governor Robert Bentley ordered ALDOT to remove all signage prohibiting the possession of lawfully carried weapons. In the second complaint, Strange found the City of Moulton violated the state’s firearm preemption law by prohibiting firearms at the Moulton Recreation Center and Alexander Park. As a result of Strange’s determination, the City has removed signs banning guns at those locations. In the third complaint, Strange found that the Lawrence County Sheriff was putting conditions on pistol permits that violated state law. The Sheriff has agreed to remove that language on the permits.
