Oregon Becomes Eighth State to Expand Background Checks on All Gun Sales

Newsweek

Oregon on Monday became the eighth state to expand criminal background checks to include all private gun sales, even transactions on the Internet, when Democratic Governor Kate Brown signed the bill into law.

A federal law, commonly known as the Brady Law, requires licensed firearms dealers to perform background checks on prospective purchasers and to maintain records of the sales. But unlicensed private sellers at gun shows and online are not required by federal law to observe the same policies, which allows people to buy and transfer firearms without first passing a background check. 

 

Forty percent of guns sold in the U.S. are done so without a background check, according to a 2014 report by the Brady Campaign to Prevent Gun Violence.

 

Since the Brady Law was enacted in 1994, background checks have stopped more than 2 million gun purchases by people who may pose a risk to public safety, such as felons and domestic abusers, according to the Brady Campaign.

 

South Korea to Tighten Gun Rules After Man Kills 3, Himself

ABC

A man fatally shot three people Friday and was found dead with a suicide note in the second deadly shooting in three days, prompting South Korean police to announce plans to tighten regulations on gun ownership.

Gun possession is tightly controlled in South Korea, with only one civilian murder with a firearm reported last year. But hunting weapons, like a shotgun in Friday's killing spree, are allowed.

The victims included a policeman, who was one of the first officers to respond, according to police in Hwaseong city, near Seoul. The 75-year-old suspect is believed to be the brother of an 86-year-old victim, whose wife was also dead, police said.

The suspect was found with gunshot wounds in his chest and near his right armpit in what the police believed to be a suicide.

It was believed that the slain officer, who wasn't wearing a bullet-proof vest and armed only with a stun gun, tried to talk the suspect into surrendering before being fatally shot in the chest.

The suspect had retrieved the shotgun from a nearby police station about 20 minutes before the shooting. South Koreans can obtain licenses for shotguns and air rifles for the purpose of hunting, but they are required to keep the weapons at police stations and use them only during legal hunting periods. Police said that the suspect had proper license for the shotgun he owned.

According to the National Police Agency, South Koreans legally owned about 160,000 guns as of January, a figure that included hunting weapons and self-defense tools such as gas-emitting guns.

The police agency said Friday it plans to tighten regulations on gun ownership, including strengthening the screening of those seeking to license a weapon and shortening renewal periods.

Newtown School Panel to Include Proposed Gun Ban in Report

The New York Times reports

An advisory panel charged with looking at public safety in the wake of the deadly Newtown school shooting agreed Friday to include in its final report a recommendation to ban the sale and possession of any gun that can fire more than 10 rounds without reloading.

The Sandy Hook Advisory Commission, created by Connecticut Gov. Dannel P. Malloy in the wake of the 2012 school shooting, plans to complete its work next month. The report will include dozens of recommendations in three categories: law enforcement and emergency response; safe school design and operation; and mental health and wellness.

In its interim report last March, the commission included the proposed gun ban, which is opposed by the gun lobby and manufacturers. It would go much further than a 2013 Connecticut law which, among other things, expanded the state's assault weapons ban and barred the possession and sale of large-capacity ammunition magazines.

"Whether or not this law would stand the test of constitutionality is not for this commission to decide," said former Hartford Police Chief Bernard Sullivan, a member of the panel. "The commission has expressed very strongly that this is a statement that is needed regarding the lethality of weapons."

Commission members said during a meeting Friday that they want to emphasize that there needs to be more regulation of guns that can inflict mass casualties, even if it causes some inconvenience to recreational shooters.

California Governor Jerry Brown Signs New Gun Law Allowing Relatives to Request Firearm Removal

AP

California will become the first state that allows family members to ask a judge to remove firearms from a relative who appears to pose a threat, under legislation Gov. Jerry Brown said Tuesday he had signed.

The bill was proposed by several Democrats and responds to a deadly rampage in May near the University of California, Santa Barbara.

Supporters had said such a measure could have prevented the attacks, winning out over critics who said it would erode gun rights.

Law enforcement authorities in Connecticut, Indiana and Texas can seek a judge's order allowing them to seize guns from people they deem to be a danger.

The new California law gives law enforcement the same option and extends it to family members.

It continues California's efforts to lead the nation in preventing firearm injury and death, said Amanda Wilcox, an advocate for the Brady Campaign to Prevent Gun Violence, whose daughter was a victim of gun violence.

The greatest effect might be in preventing suicides or intervening where there is a history of domestic violence, she said.

Proper Gun Control Laws (not exhaustive, a work in progress)

Reposted by popular demand

1. Licensing of all gun owners which would include a penal background check, a mental health background check, an eye exam, a written and practical test and approval by the local authorities (may-issue licensing).

2. Registration of all newly bought firearms which would need to be renewed after three months and yearly thereafter by presenting the paperwork and the weapon to the police.

3. Background checks on all purchases including private ones. This can be done at the local FFL dealer for a nominal fee.

4. Three day waiting period for all first purchases. (to be removed as unnecessary after rule 1)

5. "May Issue" policy for concealed carry permits managed federally - same rules in every state.

6. Assault Weapons Ban using the California model which would include restrictions on extended magazines.

7. Safe Storage of Firearms when not in use - guns must be kept in a gun safe.

8. All negligent discharges should be considered criminal.

Continuation of the Discussion about Disarming Depressed People

From the Robin Williams post

TS wrote: 

MikeB: “…are you OK with folks who have been involuntarily committed to mental hospitals being disarmed?”

Yes, but that’s existing law, and not what we’re talking about here.

Because it's existing law that makes it ok for you? That doesn't sound right.

You're concerned that too many people suffer from depression and so few of them end up committing suicide, well so what. I say the first thing we do is change the way we look at the 2nd Amendment - either that or repeal it.  Then we institute proper gun control which includes licensing for gun ownership. People who suffer from depression don't qualify. Simple.

The determination can be made by a physical and psychological examination prior to granting the gun owner's license. It wouldn't be 100% perfect but urinalysis and blood tests, part of any good physical, would reveal those on medication and the psyche exam would pick up some of the others.

No need to violate anyone's private relationship with their health care providers.

Missouri Governor Vetoes Bill Allowing Teachers To Carry Concealed Weapons

 Missouri Governor Jay Nixon


Huffington Post

Missouri Gov. Jay Nixon vetoed legislation Monday that would have allowed specially trained teachers to carry concealed guns, asserting that the move could jeopardize student safety in public schools.

The veto by the Democratic governor sets up a potential showdown with the Republican-led Legislature, which could override Nixon if it gets a two-thirds vote of both chambers during a September session.

Nixon announced the veto with a written statement on the deadline day for him to take action on bills passed earlier this year.

"Arming teachers will not make our schools safer," he said. "I have supported and will continue to support the use of duly authorized law enforcement officers employed as school resource officers, but I cannot condone putting firearms in the hands of educators who should be focused on teaching our kids."

Safe Storage Laws in New York

from ssgmarkcr

 Its obvious its an election year when politicians work hard to come up with laws that will fix everything.  Even when there is already a law on the books covering a crime.  It sort of reminds me of the war on drugs where politicians were working so hard to out do each other on how tough they could be regarding drug penalties.  And what we got out of it was an incarceration rate second to none.

   

On Friday they introduced “Nicholas’ Law,” which would require gun owners to do what they should already be doing — locking their weapons and storing them away.

 http://www.nydailynews.com/new-york/proposed-ny-law-punish-owners-poorly-stored-guns-article-1.1829059#ixzz34jqiiuix

    However, the recently passed NYSafe Act seems to already have that covered.

"The SAFE Act is aimed at reducing gun violence and making New York a safer place to live. It requires that guns remain safely secured and inaccessible to those not permitted to possess them. Following a few common sense rules and educating our children will make a safer New York."

http://www.governor.ny.gov/nysafeact/gun-safety

Proper Gun Control

Proper Gun Control Laws (not exhaustive, a work in progress)

1. Licensing of all gun owners which would include a penal background check, a mental health background check, an eye exam, a written and practical test and approval by the local authorities (may-issue licensing).

2. Registration of all newly bought firearms which would need to be renewed after three months and yearly thereafter by presenting the paperwork and the weapon to the police.

3. Background checks on all purchases including private ones. This can be done at the local FFL dealer for a nominal fee.

4. Three day waiting period for all first purchases. (to be removed as unnecessary after rule 1)

5. "May Issue" policy for concealed carry permits managed federally - same rules in every state.

6. Assault Weapons Ban using the California model which would include restrictions on extended magazines.

7. Safe Storage of Firearms when not in use - guns must be kept in a gun safe.

8. All negligent discharges should be considered criminal.

Chicago Mayor Rahm Emanuel Proposes Strict Limits on Gun Sales

Chicago Mayor Rahm Emanuel presides over a City Council meeting at which he proposed an ordinance that would impose strict regulations on gun sales in Chicago. (Brian Jackson / Chicago Sun-Times)

LA Times

Chicago Mayor Rahm Emanuel has proposed a slate of tough gun control measures that would subject gun shops to strict monitoring, including video surveillance of all purchases, in an effort to stem violence in a city beset with an unusually high number of gun deaths.

The restrictions came after a federal court order in January forced Chicago to end its ban on gun sales in the city and gave officials until July to put in place regulations before the ban is lifted.

The Emanuel administration in a report released this week makes a case for Chicago gun shops to videotape all sales, ban gun shops in 99.5% of the city and limit each gun buyer at a store to one purchase a month, except for relics and returns. Gun sellers would be subject to quarterly audits. 

In addition, gun shop workers would have to pass background checks and be trained to spot fake or “straw” purchasers, such as a male gang member getting a girlfriend to buy his gun because he’s ineligible. 

Attempting to deter shops from making sketchy sales, city officials could cross-check records against a regional trace database that Emanuel wants to establish, showing where guns used in crimes were purchased. Fines for violations could run a few thousand dollars.

May Issue for Gun Ownership in MA

from ssgmarkcr

 I came upon this bit of proposed legislation and while I should know better than to be surprised by anything from states with restrictive gun laws, this one did surprise me.  I first came upon it on the Guns.com site, but it cited this article,

http://www.guns.com/2014/05/29/massachusetts-lawmakers-propose-may-issue-gun-ownership-bill-video/?utm_source=rss&utm_medium=rss&utm_campaign=massachusetts-lawmakers-propose-may-issue-gun-ownership-bill-video

"The new proposal seeks to tighten and clarify state regulations about who can buy guns and how they can be bought. One potentially contentious change would give police the discretion to deny a permit for a rifle or shotgun if an applicant is deemed unsuitable.

Under current law, police can apply a vague standard of unsuitability for licenses to carry a gun. But police do not have that discretion in issuing the Firearms Identification Card, which allows Massachusetts residents who pass a background check to buy a small-capacity rifle or shotgun.

In an effort to establish uniform criteria across Massachusetts, the bill would require the state Executive Office of Public Safety to create specific standards for suitability."

http://www.bostonglobe.com/metro/2014/05/27/deleo-unveils-bill-strengthen-gun-laws-mass/Y7CUFEFhGcOHnY6D5GJTmI/story.html

    Of course, the criteria for suitability would be set after the bill is passed which make it problematic.  While there is potentially a route for the criteria to be uniform state wide, something being decided by some executive branch panel has the potential for unpleasant surprises with no way (at least nothing mentioned yet) of overriding it is a concern. 

Judge Upholds D.C.’s Gun Law

Washington Post

A federal judge on Thursday upheld the District’s tough gun registration laws, finding that regulations crafted in response to a landmark Supreme Court decision “pass constitutional scrutiny.”

“The people of this city, acting through their elected representatives, have sought to combat gun violence and promote public safety. The court finds that they have done so in a constitutionally permissible manner,” U.S. District Judge James E. Boasberg wrote in an opinion likely to be appealed by gun-rights advocates.

In 2008, the Supreme Court used a D.C. case brought by the same plaintiff to declare that the Second Amendment guarantees a person’s right to own a firearm for self-defense.

The lawsuit, one of many throughout the country that have challenged gun restrictions, took on the District’s post-2008 regulations that banned large-capacity magazines and assault weapons. The city also imposed stringent registration requirements for handguns and long guns.

The ban on specific firearms was upheld on appeal, but District officials were ordered to justify their registration requirements.

The city’s gun registry, run by the D.C. police department, prohibits residents from registering more than one gun a month.

Owners must appear in person at police headquarters to be photographed and fingerprinted; complete firearms training; and pass a test.

The registration expires after three years.

Boasberg said Thursday that he was persuaded that the city’s system allows the District to “screen out dangerous or irresponsible people who try to obtain a firearm.”

“Asking gun owners to take a short class and pass a minor test — once — in order to wield deadly weapons fits the District’s interests in public safety and police protection,” he wrote in the 62-page opinion.

Court Backs San Francisco's Gun Storage Law, Hollow-point Bullet Ban

SF Gate

A federal appeals court refused Tuesday to halt the enforcement of San Francisco laws that require handgun owners to keep their weapons locked when stored at home and ban bullets that expand or splinter on contact, saying they do not interfere with the right to use firearms in self-defense.

One ordinance, passed in 2007, requires residents to keep handguns in locked containers or to use trigger locks when they are not carrying the weapons. The other law dates from 1994 and prohibits local sales of hollow-point bullets, designed to inflict more damage to the human body than conventional ammunition.

Gun owners challenged both ordinances after the U.S. Supreme Court ruled in 2008 that the Constitution guarantees the right to possess guns at home for self-defense, then ruled in 2010 that state and local laws that substantially burdened that right were invalid. Gun groups are also relying on those rulings to challenge California's licensing requirements for concealed weapons, and ordinances in San Francisco and Sunnyvale that ban the possession of high-capacity gun magazines.

In Tuesday's ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco said neither the San Francisco gun storage law nor the ban on hollow-point bullets seriously hampers a gun owner's ability to use a weapon for self-defense.

Because trigger locks and modern gun safes can be opened quickly, a stored or locked handgun "may be readily accessed in case of an emergency," Judge Sandra Ikuta said in the 3-0 ruling. "Provided San Franciscans comply with the storage requirement, they are free to use handguns to defend their home while carrying them on their persons."

New Jersey to Punish Gun Theft More Severely

nj dot com

Those convicted of stealing guns in New Jersey would be more likely to face prison time under bipartisan legislation that was introduced Thursday.

Under New Jersey law, third-and fourth-degree crimes, which includes the theft of items under $75,000, carry a “presumption of non-imprisonment” for first-time offenders. The bill (A2916) would strip away that presumption for someone convicted of stealing a firearm.

“When you take that out, there’s a presumption that there would be incarceration,” said state Assemblyman Reed Gusciora (D-Mercer), a sponsor.

Assembly Minority Leader Jon Bramnick (R-Union), another sponsor, said stolen guns are often used in violent crimes.

“This act is more serious than stealing property. This bill sends a message to criminals that they will face severe consequences for stealing a firearm,” Bramnick said. “This is a necessary step to help curb the incidence of violent crime.”

“I think this is a gun right-left alliance on gun control,” Gusciora said. “We want guns off the streets and they want guns off the streets.”

Is that true?  Is that something both sides can agree upon - even the hyper-contentious gun-control fanatics who comment around here?

How about the problem of gun owners who do not secure their guns and thereby make gun theft easier?  Even New Jersey, known for its strict gun control has some weak-ass type of safe storage law. It should go much further.

Proper Gun Control

Proper Gun Control Laws (not exhaustive, a work in progress)

1. Licensing of all gun owners which would include a penal background check, a mental health background check, an eye exam, a written and practical test and approval by the local authorities (may-issue licensing).

2. Registration of all newly bought firearms which would need to be renewed after three months and yearly thereafter by presenting the paperwork and the weapon to the police.

3. Background checks on all purchases including private ones. This can be done at the local FFL dealer for a nominal fee.

4. Three day waiting period for all first purchases.

5. "May Issue" policy for concealed carry permits managed federally - same rules in every state.

6. Assault Weapons Ban using the California model which would include restrictions on extended magazines.

7. Safe Storage of Firearms when not in use - guns must be kept in a gun safe.

8. All negligent discharges should be considered criminal.

Three Gun Control Laws Awaiting Governor Brown's Signature

Los Gatos Patch

A bill authored by Assemblywoman Nancy Skinner, D-Berkeley, that would ban kits that convert guns into assault-type weapons was approved in a state Assembly concurrence vote Wednesday and has been sent to Gov. Jerry Brown. 

Assembly Bill 48, which passed by a vote of 43-30, also would make it illegal to buy large-capacity magazines that allow people to fire multiple bullets quickly without reloading. 

Skinner said assault weapons are banned under California law but people can get around that by buying a conversion kit that allows them to take a gun cartridge out and put in a high-capacity magazine that turns a gun into an assault-style weapon. 

AB 48 is the third gun control measure authored or co-authored by Skinner to be sent to Brown for his signature. 

He has until Oct. 13 to sign all three measures. 

On Tuesday, an Assembly concurrence vote approved AB 1131, which would extend the time period a person who makes a credible threat of violence is prohibited from owning firearms from six months to five years. 

Last Friday, legislators approved AB 180, which was co-authored by Skinner and Assemblyman Rob Bonta, D-Oakland, which would pre-empt state law and provide Oakland with additional tools to more strictly regulate the registration and licensing of firearms. 

Skinner's spokeswoman, Tracy Morales, said today that Brown, who formerly served as Oakland's mayor, hasn't indicated whether he will sign the gun control bills. 

Proper Gun Control Laws (not exhaustive, a work in progress)

What Do We Mean by Proper Gun Control?
 (number 7 added)

1. Licensing of all gun owners which would include a penal background check, a mental health background check, an eye exam, a written and practical test and approval by the local authorities.

2. Registration of all newly bought firearms which would need to be renewed after three months and yearly thereafter by presenting the paperwork and the weapon to the police.

3. Background checks on all purchases including private ones. This can be done at the local FFL dealer for a nominal fee.

4. Three day waiting period for all first purchases.

5. "May Issue" policy for concealed carry permits managed federally - same rules in every state.

6. Assault Weapons Ban using the California model which would include restrictions on extended magazines.

7. Safe Storage of Firearms using the California model.

Proper Gun Control Laws (not exhaustive, just the major ones)

reposted for the recent bizarre comment by Texas Colt carry

What Do We Mean by Proper Gun Control?

1. Licensing of all gun owners which would include a penal background check, a mental health background check, an eye exam, a written and practical test and approval by the local authorities.

2. Registration of all newly bought firearms which would need to be renewed after three months and yearly thereafter by presenting the paperwork and the weapon to the police.

3. Background checks on all purchases including private ones. This can be done at the local FFL dealer for a nominal fee.

4. Three day waiting period for all first purchases.

5. "May Issue" policy for concealed carry permits managed federally - same rules in every state.

6. Assault Weapons Ban using the California model which would include restrictions on extended magazines.