The class of cases to which the constitutional provision applies is widely different from the right of a private citizen to bear, concealed about his person, deadly weapons or arms. In the one, they are kept and carried in conformity with the Constitution and laws of the United States, with a certain specific object in view; in the other, they are kept and carried for private purposes, wholly independent of any constitutional regulation, and to answer private ends, wh[i]ch have no bearing upon the security of the State[.] If this idea be correct, then it follows that when arms are not kept or used for the defense of the State or Federal government, the manner of carrying and mode of using them are subject to the control and authority Of the State Legislature.State v. Buzzard, 4 Ark. (2 Pike) 18 (1842)
Friday, August 8, 2014
Quote of the day
The Confederate Flag - Symbol of Treason and of Slavery - Or Not
Washington DC - -(Ammoland.com)- A Confederate flag flies at mile marker 134 on Interstate 95 in Virginia, raised by the Virginia Flaggers “to honor the 246,000 Confederate soldiers who fought in separate battles in the Fredericksburg vicinity during the Civil War,” according to Fox News.
They see the flag as a symbol of “pride, not racism.”
However, they are being countered by the NAACP, which says the flag does symbolize “racism, oppression… [and] reminds people of slavery.”
Virginia Flaggers’ Barry Isenhour told The Washington Post that “he doesn’t think of the flag as a symbol of a fight to preserve slavery because” he doesn’t think the Civil War was over slavery to begin with. Rather, Isenhour said the Confederates were fighting against “Northern aggression.”
Stafford County spokeswoman Cathy Vollbrecht said there have been numerous “complaints and inquiries” about the flag, but there are no plans to take it down. She said her office determined that “no laws have been violated.”
What do you think? Is this a nod to slavery or tribute to Confederate civil war soldiers?
South Carolina Finally Cooperating with the National Background Check System
Local news reports
State agents say 136 people have been stopped from buying guns in South Carolina under a new law that took effect last year.
WCIV in Charleston reported last week that State Law Enforcement Division chief Mark Keel wrote in a letter those individuals had been deemed mentally incompetent to own a gun. In 2013, legislators required probate judges to submit those judicial orders to the National Instant Criminal Background Check System. While it was already illegal for those individuals to own a handgun, South Carolina had not previously been submitting the information to the FBI until last year.
The State Law Enforcement Division also said its agents have revoked 132 concealed weapons permits from CWP carriers who were ineligible to carry them under the law. SLED also revoked 29 applications, the letter stated.
More than 48,000 records have been submitted to the FBI so far, according to the Charleston Post & Courier.
State agents say 136 people have been stopped from buying guns in South Carolina under a new law that took effect last year.
WCIV in Charleston reported last week that State Law Enforcement Division chief Mark Keel wrote in a letter those individuals had been deemed mentally incompetent to own a gun. In 2013, legislators required probate judges to submit those judicial orders to the National Instant Criminal Background Check System. While it was already illegal for those individuals to own a handgun, South Carolina had not previously been submitting the information to the FBI until last year.
The State Law Enforcement Division also said its agents have revoked 132 concealed weapons permits from CWP carriers who were ineligible to carry them under the law. SLED also revoked 29 applications, the letter stated.
More than 48,000 records have been submitted to the FBI so far, according to the Charleston Post & Courier.
Theodore Wafer Found Guilty of Murder
Theodore Wafer
Huffington Post
A jury in Detroit found Theodore Wafer guilty of second-degree murder and manslaughter in the death of Renisha McBride Thursday, according to the Associated Press.
Wafer, 55, was on trial in Detroit's Wayne County Circuit Court after shooting 19-year-old McBride on his porch in November. McBride appeared at Wafer's house in Dearborn Heights, adjacent to Detroit, around 4:30 a.m. on Nov. 2. She crashed her car nearby earlier that night, and no one knows her whereabout in the several hours between the accident and her death. She was severely intoxicated. She knocked on Wafer's door, potentially looking for help; he came to the door with a loaded shotgun and shot her in the face.
One of the first images the jury saw in the trial was of McBride, lying lifeless on Wafer's front porch.
Wafer pleaded not guilty and his attorney sought to show the shooting was in self defense. According to the defense, Wafer woke that night to loud, intense banging on his front door and side door and feared multiple people were breaking in.
"In the depth of his being, he's never been that scared in his life," defense attorney Cheryl Carpenter said.
Thursday, August 7, 2014
Florida Judge: Schools Can Ban Guns from Dormatories
The Tampa Tribune
Universities are justified in banning guns in residence halls, a judge has ruled in a case that challenged the University of Florida's policy.
The gun-rights group Florida Carry Inc., which has filed suit against several universities and municipalities, argued in a suit filed in January that the state law making it legal to possess a firearm at home trumped another that bans weapons on school property.
But Alachua County Circuit Judge Toby Monaco entered a summary judgment on Wednesday stating that UF and President Bernie Machen were not violating Florida law by recognizing the Legislature's prohibition against guns in housing on university property.
Florida Carry last year won a decision by the 1st District Court of Appeal asserting that the Legislature has sole jurisdiction for gun policy, and universities could not ban weapons stored in vehicles.
“Unlike the right to have a firearm in a vehicle, the Legislature's recognition of a person's right to possess a firearm in a home does not extend to a residence hall on a university campus,” Monaco said in this week's order. “There is no exception in (state law) for a residence hall like there is for a vehicle.”
The university released a statement saying it was pleased with the ruling.
“The University of Florida fully complies with Florida law that allows individuals 18 years or older to store their guns securely in vehicles while on campus, as determined by a 1st DCA decision last year, and the university will continue to do so,” the statement said. “Florida law otherwise bans guns on university, college and K-12 campuses and at their events, with limited exceptions such as for law enforcement.”
Universities are justified in banning guns in residence halls, a judge has ruled in a case that challenged the University of Florida's policy.
The gun-rights group Florida Carry Inc., which has filed suit against several universities and municipalities, argued in a suit filed in January that the state law making it legal to possess a firearm at home trumped another that bans weapons on school property.
But Alachua County Circuit Judge Toby Monaco entered a summary judgment on Wednesday stating that UF and President Bernie Machen were not violating Florida law by recognizing the Legislature's prohibition against guns in housing on university property.
Florida Carry last year won a decision by the 1st District Court of Appeal asserting that the Legislature has sole jurisdiction for gun policy, and universities could not ban weapons stored in vehicles.
“Unlike the right to have a firearm in a vehicle, the Legislature's recognition of a person's right to possess a firearm in a home does not extend to a residence hall on a university campus,” Monaco said in this week's order. “There is no exception in (state law) for a residence hall like there is for a vehicle.”
The university released a statement saying it was pleased with the ruling.
“The University of Florida fully complies with Florida law that allows individuals 18 years or older to store their guns securely in vehicles while on campus, as determined by a 1st DCA decision last year, and the university will continue to do so,” the statement said. “Florida law otherwise bans guns on university, college and K-12 campuses and at their events, with limited exceptions such as for law enforcement.”
Quote of the Day
"Both house and ground were vested and in trustees, expressly for the
use of any preacher of any religious persuasion who might desire to say
something to the people at Philadelphia; the design in building not
being to accommodate any particular sect, but the inhabitants in
general; so that even if the Mufti of Constantinople were to send a
missionary to preach Mohammedanism to us, he would find a pulpit at his
service."
The Autobiography of Benjamin Franklin
http://www.ushistory.org/franklin/autobiography/page49.htm
The Autobiography of Benjamin Franklin
http://www.ushistory.org/franklin/autobiography/page49.htm
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