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Tag: second amendment

Time to Finally Confirm Trump’s Pick to Lead ATF, Say Top Law Enforcement Organizations

Chuck Canterbury

By Steve Neavling

ticklethewire.com

President Trump’s pick to lead the ATF has been derailed by Republicans who are uneasy about position on gun control.

Five months ago, Trump nominated of Chuck Canterbury, leader of the national Fraternal Order of Police, to head the ATF, which has been without a permanent leader since 2015. Without someone at the top of the ATF, many officials are worried the agency will lack stability and operational effectiveness.

It’s time for the Senate to confirm Canterbury as head of the ATF, according to a Hill column written by leaders of the Fraternal Order of Police, the Federal Law Enforcement Officers’ Association and the National Sheriffs Association.

“This lack of permanent leadership compromises the effectiveness of the ATF’s law enforcement mission,” they wrote. “We need Chuck Canterbury as director of the ATF and we strongly believe he should be expeditiously confirmed.”

The authors say there’s no doubt that Canterbury respects Americans’ Second Amendment rights.

“Canterbury is a proud supporter of the Second Amendment; everyone knows this,” they wrote. “We also know that Chuck is a cop’s cop with a reverence for the rule of law. If confirmed, he will enforce the laws written by Congress because that will be his job. If you know Chuck Canterbury, then you know he gets the job done. We have every confidence in him, and we urge the Senate in the strongest possible terms to confirm this excellent and highly qualified nominee.”

Read the entire column here.

FBI Asked to Investigate Trump’s Alleged Violent Threat Against Clinton

donald trump rallyBy Steve Neavling
ticklethewire.com

Concerns over Donald Trump’s suggestion that second-amendment supporters could stop Hillary Clinton from making Supreme Court picks were forwarded to the FBI.

The super PAC Democratic Coalition Against Trump contacted the FBI after believing Trump was encouraging violence against Clinton. The PAC sent this to the FBI:

The Democratic Coalition Against Trump immediately reached out to senior officials from the FBI to raise alarms about this call to violence, and to demand that Trump face felony charges under 18 U.S.C. § 879 for making these threats.

“There is no place in American politics for this kind of disgusting rhetoric,” said the organization’s senior advisor, Scott Dworkin. “Donald Trump should immediately drop out of the race, and he should be arrested for committing a federal crime. He’s proven himself to be nothing more than a thug, and anyone supporting him after this grotesque display should be publicly shamed. It’s truly abhorrent and we must all stand united – regardless of party affiliation to say loudly that Americans reject this kind of hateful and dangerous rhetoric.”

The question is whether Trump intended to incite violence against Clinton. Trump quickly said he was misunderstood when he said second-amendment supporters could stop Clinton.

Nullification: How States Are Making It a Felony to Enforce Federal Gun Laws

By Lois Beckett
ProPublica
In mid-April, Kansas passed a law asserting that federal gun regulations do not apply to guns made and owned in Kansas. Under the law, Kansans could manufacture and sell semi-automatic weapons in-state without a federal license or any federal oversight.

Kansas’ “Second Amendment Protection Act” backs up its states’ rights claims with a penalty aimed at federal agents: when dealing with “Made in Kansas” guns, any attempt to enforce federal law is now a felony. Bills similar to Kansas’ law have been introduced in at least 37 other states. An even broader bill is on the desk of Alaska Gov. Sean Parnell. That bill would exempt any gun owned by an Alaskan from federal regulation. In Missouri, a bill declaring federal gun laws “null and void” passed by an overwhelming majority in the state house, and is headed for debate in the senate.

Mobilizing the pre-Civil-War doctrine of “nullification,” these bills assert that Congress has overstepped its ability to regulate guns — and that states, not the Supreme Court, have the ultimate authority to decide whether a law is constitutional or not.

The head of the Kansas’s State Rifle Association, an affiliate of the National Rifle Association, says she put the bill together and found it a sponsor. While the NRA regularly lauds passages of states’ gun-rights laws, it stayed silent on Kansas’ law, and, so far, has kept a low profile on nullification. (The group did not respond to our requests for comment.)

Many observers see nullification bills as pure political theater, “the ultimate triumph of symbolism over substance,” as UCLA law Professor Adam Winkler put it. He said he doubts the laws will ever be enforced, and, if they are, expects them to be struck down by the courts.

Winkler and others say nullification laws violate the Constitution, which makes federal law “the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding.” Indeed, U.S. Attorney General Eric Holder wrote a letter last week to Kansas Gov. Sam Brownback, asserting that Kansas’ law is “unconstitutional.” (Brownback, who signed the bill into law, did not immediately respond to our requests for comment.)

Read more »

Jon Stewart Talks About the Crazy Restrictions Blocking ATF From Doing Its Job

Method to Track Firearms Stalled by Foes

By ERICA GOODE
New York Times

Identifying the firearm used in a crime is one of the biggest challenges for criminal investigators. But what if a shell casing picked up at a murder scene could immediately be tracked to the gun that fired it?

A technique that uses laser technology and stamps a numeric code on shell casings can do just that. But the technology, called microstamping, has been swept up in the larger national debate over gun laws and Second Amendment rights, and efforts to require gun makers to use it have stalled across the nation.

“I think it is one of these things in law enforcement that would just take us from the Stone Age to the jet age in an instant,” said Commissioner Frederick Bealefeld III of the Baltimore Police Department. “I just can’t comprehend the opposition to it.”

To read the full story click here.

Montana Atty.Gen. Disputes ATF Policy on Guns and Medical Marijuana

By Danny Fenster 
ticklethewire.com

Flair-ups continue between local and federal law enforcement over a recent ATF letter to arms dealers regarding guns and medical marijuana users.

The Belgrade News reports that Montana Attorney General Steve Bullock wrote the Justice Department this week to voice his opposition to a recent ATF letter sent to guns dealers telling them they cannot sell weapons to people taking medical marijuana.

Federal law prohibits selling firearms to any “unlawful user of or addicted to any controlled substance.” Because marijuana is a federally controlled substance, and because there are no federal exemptions for medicinal use, ATF stated that it is illegal to sell to users of marijuana.

As Montana begins its hunting season, people are buying guns and ammunition, Bullock wrote U.S. Attorney General Eric Holder,  and residents are “preparing to enjoy an activity that is deeply rooted in our heritage and culture.”

Bullock claims the policy defies his state’s constitutional right to hunt, and that it “implicates serious legal issues under the Second Amendment, and the equal protection and due process clauses of the Fifth Amendment,” according to Belgrade News.

The paper reported that Bullock wrote that some medical marijuana cardholders may not use the drug all of the time, yet the firearm restriction would apply to them for as long as the card was valid.

“The ATF letter does not take this into account, even though the controlling federal regulation recognizes that a person who uses a controlled substance in a manner prescribed by a physician is not disqualified from possessing or buying ammunition or guns” under federal law, he said in the letter.

To read more click here.