Florida Second District Court of Appeals: Judges have limited power in seizing guns

“We conclude, based on the allegations in the petition, that the trial court erred . . . “

Florida appeals court warns trial judges their power to seize guns is limited

Trial judges need specific information about physical threats before ordering firearms seized, according to the Florida Second District Court of Appeal.

Lee Williams – June 5, 2021

It took a team of 15 lawmen and court bailiffs an entire day to remove all the firearms and ammunition from Alecs Dean’s Southwest Florida home last year.

They filled an entire box truck.

Dean, a firearms expert and consultant, had amassed an incredible collection.

Most of the firearms seized weren’t even firearms, legally.

“They were antiques,” said Dean’s Attorney, Eric Friday, who is also general counsel for Florida Carry, Inc.

Dean’s ammunition collection was as extensive — consisting of thousands of rare and exotic rounds, including many pinfire cartridges, which Dean had painstakingly sorted with a magnifying glass over the years.

“They all got dumped in a box,” Friday said. “They took ammunition components that weren’t even covered by the order. They sure didn’t have the authority to seize them.”

To be clear, the court ordered Dean to surrender his weapons. It did not authorize the Lee County Sheriff’s Office to seize anything.

“They seized them on their own,” Friday said. “They just went in and grabbed them without a court order or a search warrant.”

Dean told the deputies he had a third party on the way to take possession of his collection, and he even offered to hand over the keys to his home and stay elsewhere until things could be worked out. The lawmen didn’t relent.

“We did everything we could to try to prevent this catastrophe,” Friday said.

Dean had been the subject of a temporary court order for protection against stalking, which was brought by Jaclyn Bevis, a local TV reporter in Ft. Myers, Florida.

The temporary court order prohibited Dean from possessing any firearms or ammunition, which he was ordered to surrender to law enforcement.

After the seizure, Dean immediately filed a motion seeking the immediate release of his property, arguing that the court did not have the authority to order him to surrender his firearms and ammunition based solely on a temporary injunction for stalking. The trial court denied his motion, which Dean appealed to the Florida Second District Court of Appeal.

In an opinion released Friday, the appellate court agreed with Dean.

“We conclude, based on the allegations in the petition, that the trial court erred in relying on section 784.0485(5)(a), Florida Statutes (2019), and thus we reverse the temporary injunction to the extent that it prohibited Dean from possessing firearms or ammunition and ordered their surrender,” the three-judge panel said in their opinion.

Backstory

In her March 30, 2020 sworn petition for the temporary protection order against stalking, Bevis alleged that Dean would provide her with news tips when she worked as a local TV reporter. Over time, she claimed, he “became obsessed with her,” and that when he learned she was seeing someone else, he “lost connection with reality.”

“While his threats of me have not typically been physical in nature, he did once tell me he was ‘looking to kill off another character in his autobiography,’” she wrote in her petition.

Dean’s attorney, Friday, pointed out that this statement was from an online meme, which has been shared with tens of thousands of people.

Bevis wrote she feared for her safety “on the basis of his statements, his mental state, and his access to firearms.”

The court found for Bevis, and ordered Dean to surrender his weapons.

In his appeal, Dean argued that “his right to keep and bear arms as provided for in the Florida Constitution was violated when the trial court entered the temporary injunction, which ordered that he ‘shall not use or possess a firearm or ammunition’ and that he ‘shall surrender all firearms and ammunition’ that he possessed.”

In their opinion, the appellate court noted that Bevis “did not allege any expressed threat of physical violence against her, and she did not allege any expressed or implied threat of the use of a firearm or any other weapon against her.”

The three-judge panel affirmed Bevis’ temporary injunction, but they concluded that the order to surrender his firearms “infringed upon Dean’s constitutional right to keep and bear arms as provided for in the Florida Constitution.”

“Therefore, we reverse the temporary injunction to the extent that it prohibited Dean from possessing firearms and ammunition and ordered their surrender,” the opinion states. “We otherwise affirm the temporary injunction.”

What this means

Friday pointed out that Dean’s ability to obtain fair and impartial hearings was hampered by the COVID-19 pandemic. At one hearing, Friday was told he could not appear telephonically, and Dean was subsequently told he would have to appear pro-se.

Dean’s firearms and ammunition are now in the hands of a third party, but since the trial court issued a final injunction, Dean cannot have access to his collection for an entire year, or until he can quash the final order at an upcoming hearing, which was delayed due to the pandemic.

Meanwhile, the appellate court’s opinion has statewide impact, which Dean’s attorney believes is a strong message to lower courts.

Said Friday: “The Florida 2DCA said trial judges need to be more careful. They do not have blanket authority to take guns from people solely because they issue a temporary injunction. Their power is limited. Their power to deprive someone of their constitutional rights is limited. Judges need more information about specific threats — and there were none in this case — before ordering firearms removed from someone’s home.”  

2nd Amendment Sanctuary States – Missouri Joins the Growing List

First there was illegal alien sanctuary cities. What is good for the goose is good for the gander.

The Left first established illegal alien sanctuary cities. From that, it was learned we could establish 2nd Amendment sanctuary states. What is good for the goose is good for the gander.

  • Missouri – Missouri passes Second Amendment Preservation Act
  • WisconsinAssembly passes ‘Second Amendment sanctuary’ bill
  • TennesseeGovernor’s signature makes Tennessee a Second Amendment sanctuary

Proclaimed 2nd Amendment Sanctuary States To Date:

  • Alaska
  • Arizona
  • Arkansas
  • Idaho
  • Kansas
  • Missouri
  • Montana
  • Nebraska
  • North Dakota
  • Oklahoma
  • South Carolina
  • Tennessee
  • West Virginia
  • Wyoming

Where does Florida stand?

42 out of 67 counties, 3 cities, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions.

In 2013, all 67 sheriffs in Florida had signed a letter saying that they will not enforce laws that violate the Constitution or infringe on the rights of the people to own firearms


Amended June 14, 2021, 3:20 PM: Op-Ed: Constitution Killers, Part 6 – Constitutional Cities, Counties, and Sheriffs

Supreme Court: Police Cannot Search Homes Without Warrants in the Name of ‘Community Caretaking’

The U.S. Supreme Court unanimously ruled that an exception to the Fourth Amendment for “community caretaking” does not allow police to enter and search a home without a warrant.

SCOTUS Rules Police Cannot Search Homes Without Warrants in the Name of ‘Community Caretaking’

MAY 17, 2021

The U.S. Supreme Court unanimously ruled on Monday that an exception to the Fourth Amendment for “community caretaking” does not allow police to enter and search a home without a warrant.

The “community caretaking” exception originated from a 1973 case, Cady v. Dombrowski, in which an officer took a gun out of an impounded car without a warrant. The Supreme Court ruled at the time that police can conduct such warrantless searches if they are performing “community caretaking functions” in a “reasonable” manner.

Monday’s ruling, in the case Caniglia v. Strom, centered on whether that exception also justifies warrantless searches of homes. In a 9-0 ruling, the court decided that it does not.

While Cady recognized that police perform “many civil tasks” in modern society, the “recognition that these tasks exist” is not “an open-ended license to perform them anywhere,” Justice Clarence Thomas wrote in the majority opinion. “The Fourth Amendment protects ‘[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,’” he continued.

(As Justice Samuel Alito noted in his concurrence, Monday’s ruling does not apply to another Fourth Amendment exception known as the “exigent circumstances” exception, which allows police to enter homes without a warrant to help “an injured occupant or to protect an occupant from imminent injury.’”)

“Perhaps not coincidentally, the Court’s unanimous ruling comes at a time of national debate over whether we should dial back the scope of police activities and only use them for actual law-enforcement purposes,” said Clark Neily, senior vice president for criminal justice at the libertarian think tank the Cato Institute, which had filed a brief urging the court to agreed with Caniglia. “This represents a welcome, albeit unusual, refusal on the justices’ part to give the government greater leeway in conducting warrantless searches of people’s homes and personal effects.”

The suit was filed by a Rhode Island man, Edward Caniglia, after police officers searched his home and seized two handguns without a warrant in 2015. During an argument with his wife, Caniglia had placed a handgun on the dining room table and asked her to “shoot [him] and get it over with.” His wife left and spent the night elsewhere, and after not being able to reach him the next day, called the police. The police found Caniglia on his porch; he denied he was suicidal but agreed to go to the hospital for psychiatric evaluation “on the condition that the officers would not confiscate his firearms,” according to Monday’s opinion.

The police did so anyway after he left.

Caniglia later sued the officers, arguing that the search and seizure violated his Fourth Amendment rights. The officers argued that their actions were legal because they believed Caniglia was suicidal. The District Court and the First Circuit Court of Appeals agreed with the police, ruling that the search counted as “community caretaking”—and that Cady had extended to both cars and homes.

A nonpartisan coalition of civil liberty advocates had worried that a similar Supreme Court ruling could have created a potentially dangerous precedent. The American Civil Liberties Union and the American Conservative Union Foundation had joined the Cato Institute to file a joint brief urging the court to keep the community caretaking exception “confined to its historic vehicle-related origins” and reject a broader standard that “would give police free rein to enter the home without probable cause or a warrant.”

On Monday, the Supreme Court did just that, ruling that neither “the holding nor logic” of Cady justified the police’s actions.

New House Bill Takes Aim At Second Amendment Rights

H.R. 127 – Hannibal is at the gates

FEB 10, 2021https://www.larslarson.com/a-new-house-bill-could-take-aim-at-your-second-amendment-rights/

H.R. 127 sponsored by Rep. Shelia Jackson Lee

H.R. 127 sponsored by Rep. Shelia Jackson Lee (D-TX), released on 1/28/21 could be a major threat to your second amendment rights if it makes its way to law. This awful infringement on your rights would do the following:

  • Impose Licensing of Firearms and Ammunition for Possession of any firearm or ammunition.
  • Impose an additional license to DISPLAY  an Antique Firearm in the HOME.
  • Impose an additional license for Possession of  “Military Style Weapons.”
  • Impose mandated Firearm Liability INSURANCE with a yearly fee of $800 payable to the US Attorney General.
  • Impose a detailed Federal Firearm Registration System to which THE PUBLIC, all Federal, State and Local law enforcement, all governments, and all branches of the US Armed Forces has complete access.

Lars Larson’s interview with Dr. John Lott of the Crime Research Prevention Center below . . .

Lars Larson’s interview with Dr. John Lott of the Crime Research Prevention Center – FEB 10, 2021

Unprecedented Number of Americans Exercise 2A Rights in 2020

40% were first-time gun buyers

MONDAY, JANUARY 11, 2021 – NRA-ILA

Millions of Americans exercised their Second Amendment rights for the first time in 2020. And, it’s easy to understand why.

Bare shelves at local grocery stores fueled fears that the breakdown in supply chains would lead to a breakdown in our social order. Inmates released early to stem the spread of the virus within prisons and rising unemployment led to fears of a crime wave. Americans watching this unfold in real time realized that they may be able to rely on only themselves. 

Americans didn’t wait for tragedy; they acted to make sure they were not part of the tragic tale of 2020. They applied for permits to obtain or carry a firearm. They purchased handguns and long guns at a rate no one could have imagined, and did so at a time when some states were trying to shut down permit offices and gun shops. The spike in demand led to inventory shortages that likely reduced sales.  

The FBI conducted 39,695,315 total NICS background checks last year. That is the annual record, beating the year 2019 by more than 11.3 million background checks.

The difference in background checks between 2020 and 2019 was more than the number of checks run in any of the first nine years NICS existed. This record was expected given what we saw all year: month after month of record-setting numbers. March was the busiest month ever for the NICS office, until June reset the record. June only held the record until December.

There were 3,937,066 total NICS checks run last month. The number of NICS checks had broken three million in a single month a single time before 2020. It happened eight times last year. Those eight months were among the nine busiest months ever. Nine individual weeks in 2020 rate among the ten highest weeks of all-time, including two weeks in December (third and sixth all-time). That list includes every full week in June, and two consecutive weeks in November.

We know from retailer reports that about 40% of buyers were first-time gun buyers, and that there were significant increases in the percentage and number of female and minority gun buyers. Forty-percent of those first-time gun buyers were women. The 2nd Amendment is not bound by race, gender, or socio-economic status.

It is about giving Americans a fighting chance to defend themselves and their families. 

Millions of Americans gave themselves that chance last year. A significant majority of those purchasing handguns, shotguns, or semi-automatic rifles indicated they were doing so to protect themselves. The FBI ran 11,897,521 handgun-related NICS checks last year and 7,132,864 checks related to long guns. Both are records; those numbers represent a 47% increase in the number of handgun-related checks and about a 0.1% increase in the number of long-gun related checks.

This reality is something no ivory tower academic would have ever predicted. Gun controllers, desperate for attention during 2020, tried to make every crisis about so-called gun violence while running away from the issue during the election.  Maybe they got the hint after months of record-setting background check numbers, but elitist gun controllers have already shown how far they’ll go to create a false narrative about the gun buyers of 2020. They’ve been working behind the scenes to advance their agenda without legislative input, and you can expect that strategy to continue under the next administration.

Those who write for academic journals, magazines, and textbooks will focus considerable energy to the issues and impact of 2020, and they’ll be encouraged to overlook or downplay the significance of the gun-buying surge of 2020. You can expect gun grabbers holding political office and professional anti-gun activists to try to control the narrative.  

You can also expect the NRA to continue our mission of safeguarding the fundamental right of every American to defend themselves and their families. 

We – through the will of our members and supporters – have been doing it for 150 years.

Renew or increase your NRA membership today!

See special ‘Distinguished Life Member‘ offer below for those 65 years of age and older.

If you do not want the monthly magazine, we can sign you up for as little as $10 for a one year NRA membership.

One Year $10 Official NRA Membership

This $10 membership does not include monthly publication

$10.00

One Year Regular Official NRA Membership

1 year official NRA membership. Includes official NRA monthly publication.

$35.00

3 Year Official NRA Membership

3 year official NRA membership. Includes official NRA monthly publication.

$85.00

5 year official NRA membership.

5 year official NRA membership. Includes official NRA monthly publication

$125.00

Official NRA Lifetime Distinguished Membership

Must be 65 years of age or older. One time payment Official NRA Distinguished Lifetime Membership. Includes official NRA monthly publication and all other membership benefits,

$600.00

Official NRA Lifetime Membership

Official NRA Lifetime Membership. Includes official NRA monthly publication and all other membership benefits,

$1,000.00

.

Joe Biden Doubles Down, Pledges to ‘Defeat the NRA’

By now you may have heard that Joe Biden has pledged to “Defeat the NRA.”   There is plenty of documentation to confirm this – some of which is below. 
 Stories:

  • Joe Biden Doubles Down, Pledges to ‘Defeat the NRA’ (Breitbart)
  • Joe Biden Vows to ‘Defeat the NRA’ (Newsmax)
  • Biden declares that he’ll ‘defeat the NRA’ under his term in office (BizPac Review)
  • Joe Biden Vows to ‘Defeat the NRA’ (KOH AM 780 Reno)

Joe Biden Doubles Down, Pledges to ‘Defeat the NRA’  By AWR HAWKINS  Breitbart  January 10, 2021  https://www.breitbart.com/politics/2021/01/10/joe-biden-doubles-down-pledges-defeat-nra/   In a January 8, 2021, statement recognizing the tenth anniversary of the shooting that wounded Gabby Giffords, President-elect Joe Biden pledged to “defeat the NRA.”  Biden’s full statement recounted the January 8, 2011, attack, which killed six and left Giffords and others wounded, then transitioned to praising Giffords for the gun control work she undertook after the incident.  The statement concluded: “As President, I pledge to continue to work together with Congresswoman Giffords, and with survivors, families, and advocates across the country, to defeat the NRA and end the epidemic of gun violence in America.”  Biden campaigned for the presidency on a platform of defeating the NRA. In fact, when he released an overview of his gun control proposals, they included a reference to his opposition to the NRA…  

Joe Biden Vows to ‘Defeat the NRA’  

By Eric Mack  Newsmax  January 10, 2021 | 9:33 pm  https://www.newsmax.com/politics/nra-gabby-giffords-lobbyist-second-amendment/2021/01/10/id/1005017/   Joe Biden will set his sights on destroying one of the most staunch Republican lobbyist organizations, the National Rifle Association.  Joe Biden’s Twitter account tweeted Friday:  “.@GabbyGiffords — Your perseverance and immeasurable courage continue to inspire me and millions of others. I pledge to continue to work with you — and with survivors, families, and advocates across the country — to defeat the NRA and end our epidemic of gun violence.”  Former Rep. Gabrielle Giffords, D-Ariz., was a victim of a mass shooting, sending out a tweet Biden’s account was responding, too.  “Ten years ago, my life and my community changed forever. I was shot in the head, six people were killed, 12 others injured. But the attack did not break me—or the people I represented in Congress. We came together, turned pain into purpose, and found hope in each other.”…  

Biden declares that he’ll ‘defeat the NRA’ under his term in office  

By Jon Dougherty   BizPac Review  January 10, 2021   https://www.bizpacreview.com/2021/01/10/biden-declares-that-hell-defeat-the-nra-under-his-term-in-office-1014702/  
In a declaration that is certain to upset throngs of gun owners, President-elect Joe Biden has declared that he’ll “defeat” the National Rifle Association during his term.  In response to a tweet from former Rep. Gabby Gifford (D-Ariz.), who was one of 14 people shot in January 2011 during an event in Tucson and whose husband, Democrat Mark Kelly, just won a U.S. Senate seat, Biden’s official account pledged to “defeat the NRA.”  “Ten years ago, my life and my community changed forever. I was shot in the head, six people were killed, 12 others injured. But the attack did not break me—or the people I represented in Congress. We came together, turned pain into purpose, and found hope in each other,” Giffords wrote on the anniversary of the attack by shooter Jared Lee Loughner…  

Joe Biden Vows to ‘Defeat the NRA’  

KOH AM 780 Reno  January 10, 2021  https://www.kkoh.com/news/joe-biden-vows-to-defeat-the-nra/   Joe Biden will set his sights on destroying one of the most staunch Republican lobbyist organizations, the National Rifle Association.  Joe Biden’s Twitter account tweeted Friday:  “.@GabbyGiffords — Your perseverance and immeasurable courage continue to inspire me and millions of others. I pledge to continue to work with you — and with survivors, families, and advocates across the country — to defeat the NRA and end our epidemic of gun violence.”  Former Rep. Gabrielle Giffords, D-Ariz., was a victim of a mass shooting, sending out a tweet Biden’s account was responding, too.  

“Ten years ago, my life and my community changed forever. I was shot in the head, six people were killed, 12 others injured. But the attack did not break me—or the people I represented in Congress. We came together, turned pain into purpose, and found hope in each other.” 

Renew or increase your NRA membership today!

See special ‘Distinguished Life Member‘ offer below for those 65 years of age and older.

If you do not want the monthly magazine, we can sign you up for as little as $10 for a one year NRA membership.

One Year $10 Official NRA Membership

This $10 membership does not include monthly publication

$10.00

One Year Regular Official NRA Membership

1 year official NRA membership. Includes official NRA monthly publication.

$35.00

3 Year Official NRA Membership

3 year official NRA membership. Includes official NRA monthly publication.

$85.00

5 year official NRA membership.

5 year official NRA membership. Includes official NRA monthly publication

$125.00

Official NRA Lifetime Distinguished Membership

Must be 65 years of age or older. One time payment Official NRA Distinguished Lifetime Membership. Includes official NRA monthly publication and all other membership benefits,

$600.00

Official NRA Lifetime Membership

Official NRA Lifetime Membership. Includes official NRA monthly publication and all other membership benefits,

$1,000.00

.

GUNS and the BIDEN ADMINISTRATION: ‘THE BIDEN PLAN TO END OUR GUN VIOLENCE EPIDEMIC’

“Biden will enact legislation to prohibit all online sales of firearms, ammunition, kits, and gun parts.”

THE BIDEN PLAN TO END OUR GUN VIOLENCE EPIDEMIC

Joe Biden knows that gun violence is a public health epidemic. Almost 40,000 people die as a result of firearm injuries every year in the United States, and many more are wounded. Some of these deaths and injuries are the result of mass shootings that make national headlines. Others are the result of daily acts of gun violence or suicides that may not make national headlines, but are just as devastating to the families and communities left behind.

Joe Biden has taken on the National Rifle Association (NRA) on the national stage and won – twice. In 1993, he shepherded through Congress the Brady Handgun Violence Prevention Act, which established the background check system that has since kept more than 3 million firearms out of dangerous hands. In 1994, Biden – along with Senator Dianne Feinstein – secured the passage of 10-year bans on assault weapons and high-capacity magazines. As president, Joe Biden will defeat the NRA again.

Joe Biden also knows how to make progress on reducing gun violence using executive action. After the tragedy at Sandy Hook Elementary School in 2012, President Obama tasked Vice President Biden with developing both legislative proposals and executive actions to make our communities safer. As a result of this effort, the Obama-Biden Administration took more than two dozen actions, including narrowing the so-called “gun show loophole,” increasing the number of records in the background check system, and expanding funding for mental health services.

It’s within our grasp to end our gun violence epidemic and respect the Second Amendment, which is limited. As president, Biden will pursue constitutional, common-sense gun safety policies. Biden will:

Hold gun manufacturers accountable.  In 2005, then-Senator Biden voted against the Protection of Lawful Commerce in Arms Act, but gun manufacturers successfully lobbied Congress to secure its passage. This law protects these manufacturers from being held civilly liable for their products – a protection granted to no other industry. Biden will prioritize repealing this protection.

Get weapons of war off our streets.  The bans on assault weapons and high-capacity magazines that Biden, along with Senator Feinstein, secured in 1994 reduced the lethality of mass shootings. But, in order to secure the passage of the bans, they had to agree to a 10-year sunset provision and when the time came, the Bush Administration failed to extend them. As president, Biden will:

  • Ban the manufacture and sale of assault weapons and high-capacity magazines. Federal law prevents hunters from hunting migratory game birds with more than three shells in their shotgun. That means our federal law does more to protect ducks than children. It’s wrong. Joe Biden will enact legislation to once again ban assault weapons. This time, the bans will be designed based on lessons learned from the 1994 bans. For example, the ban on assault weapons will be designed to prevent manufacturers from circumventing the law by making minor changes that don’t limit the weapon’s lethality. While working to pass this legislation, Biden will also use his executive authority to ban the importation of assault weapons. 
  • Regulate possession of existing assault weapons under the National Firearms Act. Currently, the National Firearms Act requires individuals possessing machine-guns, silencers, and short-barreled rifles to undergo a background check and register those weapons with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Due to these requirements, such weapons are rarely used in crimes. As president, Biden will pursue legislation to regulate possession of existing assault weapons under the National Firearms Act. 
  • Buy back the assault weapons and high-capacity magazines already in our communities. Biden will also institute a program to buy back weapons of war currently on our streets. This will give individuals who now possess assault weapons or high-capacity magazines two options: sell the weapons to the government, or register them under the National Firearms Act.
  • Reduce stockpiling of weapons. In order to reduce the stockpiling of firearms, Biden supports legislation restricting the number of firearms an individual may purchase per month to one.

Keep guns out of dangerous hands. The federal background check system (the National Instant Criminal Background Check System) is one of the best tools we have to prevent gun violence, but it’s only effective when it’s used. Biden will enact universal background check legislation and close other loopholes that allow people who should be prohibited from purchasing firearms from making those purchases. Specifically, he will:

  • Require background checks for all gun sales.  Today, an estimated 1 in 5 firearms are sold or transferred without a background check. Biden will enact universal background check legislation, requiring a background check for all gun sales with very limited exceptions, such as gifts between close family members. This will close the so-called “gun show and online sales loophole” that the Obama-Biden Administration narrowed, but which cannot be fully closed by executive action alone.
  • Close other loopholes in the federal background check system. In addition to closing the “boyfriend loophole” highlighted below, Biden will:
  • Reinstate the Obama-Biden policy to keep guns out of the hands of certain people unable to manage their affairs for mental reasons, which President Trump reversed. In 2016, the Obama-Biden Administration finalized a rule to make sure the Social Security Administration (SSA) sends to the background check system records that it holds of individuals who are prohibited from purchasing or possessing firearms because they have been adjudicated by the SSA as unable to manage their affairs for mental reasons. But one of the first actions Donald Trump took as president was to reverse this rule. President Biden will enact legislation to codify this policy.
  • Close the “hate crime loophole.”  Biden will enact legislation prohibiting an individual “who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commission” from purchasing or possessing a firearm.
  • Close the “Charleston loophole.”  The Charleston loophole allows people to complete a firearms purchase if their background check is not completed within three business days. Biden supports the proposal in the Enhanced Background Checks Act of 2019, which extends the timeline from three to 10 business days. Biden will also direct the Federal Bureau of Investigation (FBI) to put on his desk within his first 100 days as president a report detailing the cases in which background checks are not completed within 10 business days and steps the federal government can take to reduce or eliminate this occurrence.
  • Close the “fugitive from justice” loophole created by the Trump Administration. Because of actions by the Trump Administration, records of almost 500,000 fugitives from justice who are prohibited from purchasing firearms were deleted from the background check system. The Biden Administration will restore these records, and enact legislation to make clear that people facing arrest warrants are prohibited from purchasing or possessing firearms.

End the online sale of firearms and ammunitions.  Biden will enact legislation to prohibit all online sales of firearms, ammunition, kits, and gun parts.

Create an effective program to ensure individuals who become prohibited from possessing firearms relinquish their weapons. Federal law defines categories of individuals who are prohibited from purchasing or possessing firearms, and the federal background check system is an effective tool for ensuring prohibited persons cannot purchase firearms. But we lack any serious tool to ensure that when someone becomes newly prohibited – for example, because they commit a violent crime – they relinquish possession of their firearms. There are some promising models for how this could be enforced. For example, California has a mandatory process for ensuring relinquishment by any individual newly subject to a domestic violence restraining order. As president, Biden will direct the FBI and ATF to outline a model relinquishment process, enact any necessary legislation to ensure relinquishment when individuals newly fall under one of the federal prohibitions, and then provide technical and financial assistance to state and local governments to establish effective relinquishment processes on their own.

Incentivize state “extreme risk” laws. Extreme risk laws, also called “red flag” laws, enable family members or law enforcement officials to temporarily remove an individual’s access to firearms when that individual is in crisis and poses a danger to themselves or others. Biden will incentivize the adoption of these laws by giving states funds to implement them. And, he’ll direct the U.S. Department of Justice to issue best practices and offer technical assistance to states interested in enacting an extreme risk law.

Give states incentives to set up gun licensing programs. Biden will enact legislation to give states and local governments grants to require individuals to obtain a license prior to purchasing a gun.

Adequately fund the background check system. President Obama and Vice President Biden expanded incentives for states to submit records of prohibited persons into the background checks system. As president, Biden will continue to prioritize that funding and ensure that the FBI is adequately funded to accurately and efficiently handle the NICS system.

ADDRESSING THE DEADLY COMBINATION OF GUNS AND DOMESTIC VIOLENCE The statistics tell a devastating and overwhelming story. The likelihood that a woman in a domestic violence situation will be killed increases by a factor of five if a gun is nearby. Half of mass shootings involve an individual shooting a family member or former intimate partner. This deadly connection tragically impacts children as well: 86% of children killed in shootings with four or more victims were involved in domestic or family violence. Biden recognizes that the gun violence and domestic violence epidemics are linked and cannot be solved in isolation. Addressing the interconnectedness of these challenges will be a core focus of Biden’s anti-violence work as president. The Violence Against Women Reauthorization Act of 2019, which Leader McConnell refuses to bring to the floor for a vote, includes a number of reforms to keep firearms out of the hands of abusers. Senator McConnell should ensure this legislation gets passed long before President Biden would take the oath of office. But if McConnell refuses to act, Biden will enact legislation to close the so-called “boyfriend loophole” and “stalking loophole” by prohibiting all individuals convicted of assault, battery, or stalking from purchasing or possessing firearms, regardless of their connection to the victim. This proposal is modeled after existing laws in California, Connecticut, Hawaii, Nevada, New York, and Pennsylvania. Biden also supports enacting the proposal to prohibit anyone under a temporary restraining order from purchasing or possessing a firearm before their hearing. In addition, President Biden will: Establish a new Task Force on Online Harassment and Abuse to focus on the connection between mass shootings, online harassment, extremism, and violence against women.  As President, Joe Biden will convene a national Task Force with federal agencies, state leaders, advocates, law enforcement, and technology experts to study rampant online sexual harassment, stalking, and threats, including revenge porn and deepfakes — and the connection between this harassment, mass shootings, extremism and violence against women. The Task Force will be charged with developing cutting-edge strategies and recommendations for how federal and state governments, social media companies, schools, and other public and private entities can tackle this unique challenge. The Task Force will consider platform accountability, transparent reporting requirements for incidents of harassment and response, and best practices.  Expand the use of evidence-based lethality assessments by law enforcement in cases of domestic violence. Lethality assessments, sometimes called “risk” or “danger” assessments, are a proven strategy to help law enforcement officers identify domestic violence survivors who are at high risk of being killed by their abusers. These survivors are then connected with social service programs that can offer services and safety planning. An evaluation of the Lethality Assessment Program (LEP) created by the Maryland Network Against Domestic Violence showed promising results. Increased federal funding will incentivize jurisdictions to take advantage of implementing these programs more widely.

Make sure firearm owners take on the responsibility of ensuring their weapons are used safely.

  • Put America on the path to ensuring that 100% of firearms sold in America are smart guns. Today, we have the technology to allow only authorized users to fire a gun. For example, existing smart gun technology requires a fingerprint match before use. Biden believes we should work to eventually require that 100% of firearms sold in the U.S. are smart guns. But, right now the NRA and gun manufacturers are bullying firearms dealers who try to sell these guns. Biden will stand up against these bullying tactics and issue a call to action for gun manufacturers, dealers, and other public and private entities to take steps to accelerate our transition to smart guns.
  • Hold adults accountable for giving minors access to firearms. Biden supports legislation holding adults criminally and civilly liable for directly or negligently giving a minor access to a firearm, regardless of whether the minor actually gains possession of the firearm.
  • Require gun owners to safely store their weapons. Biden will pass legislation requiring firearm owners to store weapons safely in their homes.

Empower law enforcement to effectively enforce our gun laws.

  • Prioritize prosecution of straw purchasers. “Straw purchasers” buy a firearm on behalf of an individual who cannot pass a background check. Biden will end those loopholes by enacting a law to make all straw purchases a serious federal crime and ensure the U.S. Justice Department has sufficient resources to prioritize their prosecution.
  • Notify law enforcement when a potential firearms purchaser fails a background check. Too often, when prohibited persons attempting to buy a firearm fail a background check, state and local law enforcement is never informed of the attempt. As president, Biden will direct the FBI to set up a process to ensure timely notification of denials to state and local law enforcement, and he’ll support legislation to codify this process. This empowers law enforcement to follow up and ensure prohibited persons do not attempt to acquire firearms through other means.
  • Require firearms owners to report if their weapon is lost or stolen. Responsible gun owners have a responsibility to inform law enforcement if their weapon is lost or stolen. Biden will enact legislation to make this the law of the land.
  • Stop “ghost guns.” One way people who cannot legally obtain a gun may gain access to a weapon is by assembling a one on their own, either by buying a kit of disassembled gun parts or 3D printing a working firearm. Biden will stop the proliferation of these so-called “ghost guns” by passing legislation requiring that purchasers of gun kits or 3D printing code pass a federal background check. Additionally, Biden will ensure that the authority for firearms exports stays with the State Department, and if needed, reverse a proposed rule by President Trump. This will ensure the State Department continues to block the code used to 3D print firearms from being made available on the Internet.
  • Reform, fund, and empower the U.S. Justice Department to enforce our gun laws. Biden will direct his Attorney General to deliver to him within his first 100 days a set of recommendations for restructuring the ATF and related Justice Department agencies to most effectively enforce our gun laws. Biden will then work to secure sufficient funds for the Justice Department to effectively enforce our existing gun laws, increase the frequency of inspections of firearms dealers, and repeal riders that get in the way of that work.
  • Direct the ATF to issue an annual report on firearms trafficking. This report will provide officials with critical information to better identify strategies for curbing firearms trafficking.
TACKLE URBAN GUN VIOLENCE WITH TARGETED, EVIDENCE-BASED COMMUNITY INTERVENTIONSDaily acts of gun violence in our communities may not make national headlines, but are just as devastating to survivors and victims’ families as gun violence that does make the front page. And, these daily acts of gun violence disproportionately impact communities of color. But there is reason to be optimistic. There are proven strategies for reducing gun violence in urban communities without turning to incarceration. For example, Group Violence Intervention organizes community leaders to work with individuals most likely to commit acts of gun violence, express the community’s demand that the gun violence stop, and connect individuals who may be likely perpetrators with social and economic support services that may deter violent behavior. These types of interventions have reduced homicides by as much as 60%Hospital-Based Violence Intervention engages young people who have been injured by gun violence while they are still in the hospital, connecting them to social and economic services that may decrease the likelihood they engage in or are victims of gun violence in the future. Biden will create a $900 million, eight-year initiative to fund these and other types of evidence-based interventions in 40 cities across the country – the 20 cities with the highest number of homicides, and 20 cities with the highest number of homicides per capita. This proposal is estimated to save more than 12,000 lives over the eight-year program.

Dedicate the brightest scientific minds to solving the gun violence public health epidemic. In 2013, President Obama issued a memorandum clarifying that a longstanding appropriations rider that prohibited the Centers for Disease Control and Prevention (CDC) and other federal scientific agencies from using federal dollars to “advocate or promote gun control” does not prohibit those agencies from researching the causes and prevention of gun violence. The National Institutes of Health (NIH) subsequently embarked on funding some of this research, though Republican leadership in Congress refused to appropriate any funds to the CDC for this work. Biden will call for Congress to appropriate $50 million to accelerate this research at the CDC and NIH. 

Prohibit the use of federal funds to arm or train educators to discharge firearms. We should be passing rational gun laws, not requiring educators who already have too much on their plates to also protect the safety of their students. Biden supports barring states from using federal dollars to arm or train educators to discharge firearms.

Address the epidemic of suicides by firearms. Biden believes any plan to address the gun violence epidemic must address suicides by firearms, which account for 6 in 10 gun-related deaths but are often left out of the conversation. Many of the policies noted above – including safe storage requirements and extreme risk protection orders – will have a serious impact on efforts to reduce gun violence. But there’s so much more we need to do to support people experiencing suicidal ideation. In the months ahead, Biden will put forward a comprehensive plan to improve access to mental health services.

SUPPORTING SURVIVORS OF VIOLENCE AND THEIR COMMUNITIESViolence causes ripples of trauma throughout our communities, impacting not just the victims of violence but also their communities and first responders. Fear of school shootings is having a noticeable impact on the mental health of Gen Z. Intimate partner violence is linked to depression, post-traumatic stress, and other mental health challenges among survivors. And, this trauma can be intergenerational. Science now shows that young children who witness violence – including in their home – literally alters the parts of their brains that affect “reasoning, planning, and behavioral control.”We need to reduce violence to prevent trauma from happening in the first place. But we also must treat the resulting trauma as a serious crisis in its own right.As president, Biden will:Make federal programs more trauma-informed. During his first 100 days, Biden will direct his Cabinet to conduct a review of all federal programs that directly serve communities likely to experience violence and identify reforms to make sure those programs effectively address resulting trauma. Biden will then invest significant federal funds in expanding and improving the federal government’s support for trauma-informed and culturally responsive care.Create a network of trauma care centers. Biden will bring together offices within the federal government to establish specialized trauma care centers for survivors of violence, with a special focus on survivors of domestic and sexual violence. Domestic violence services are focused on meeting the emergency needs of survivors, including safety planning and crisis intervention. As a result, frontline providers lack the resources they need to offer therapeutic services to help survivors heal from trauma. These trauma care centers will be flexible in meeting the needs of communities, and could be housed at rape crisis centers, domestic violence programs, universities, and existing mental health centers.Train health care and other service providers in trauma-centered care. To prevent revictimization and secondary trauma, Biden will align training efforts throughout relevant federal programs to include a focus on understanding the traumatic effects of violence, providing appropriate care to avoid furthering the trauma, linking survivors with evidence-based trauma therapies, and reducing myths about domestic and sexual violence. This will be accomplished through agency directives, policy guidance, and special conditions for grantees and contractors.

Is the Right to Armed Self-Defense Obsolete?

The Right to Armed Self-Defense in the Light of Law Enforcement Abdication

DAVID BERNSTEIN – Oct. 5, 2020

This article defends the position that the right of armed self-defense remains important today, in particular in light of the civil unrest of the Summer of 2020. The article proceeds in three parts. The first part will summarize arguments from various prominent commentators that the right to self-defense with firearms is anachronistic in the contemporary United States. These critics argue that Americans can and should rely solely on their local professional police force to protect them.

The second part of the article will focus on how this argument has been undermined by recent events. This part documents in great detail the failures of law enforcement in reaction to looting, rioting, and other forms of illegal behavior that threatened the well-being of the public. First, many police departments received implicit or explicit orders from their political supervisors to “stand down.” Second, in many instances, the police themselves were unwilling or unable to combat lawless behavior. If police consistently fail to enforce law and order, the argument against the individual right to bear arms for self-defense purposes significantly weakens.

Finally, the last part of the article will discuss examples of individuals and groups of citizens using firearms in self-defense during the recent unrest in the absence of effective law enforcement. Some of these episodes are open to criticism, whether on the grounds that one believes that it’s never worth using or even threatening to use deadly force to defend property, or because the line between justified self-defense and unjustified vigilantism is not always a clear one. Nevertheless, if law enforcement is unwilling or unable to preserve basic law and order, it’s both inevitable that citizens will try to fill the breach, and desirable that law-abiding individuals should be given the means to do so.

DAVID BERNSTEIN is the University Professor and the Executive Director of the Liberty & Law Center at the Antonin Scalia Law School, George Mason University.

College Student Accused of Hate Crime for Owning AR Rifle

Austin Tong was charged with a hate crime by Fordham University for simply posting a photo of his new AR rifle..

This is NRA member Austin Tong. He was charged with a hate crime by his school, Fordham University, for simply posting a photo of his new AR-15 he bought for home defense. The University accused him of owning an “automatic weapon” and they’re doing everything they can to silence his political views, but this NRA member is not backing down. This is his message.

The NRA is America’s preeminent gun rights organization, comprised of millions of patriotic, law-abiding, freedom-loving citizens. Together, we defend the Second Amendment rights of all Americans, and work to protect and preserve our hunting and shooting traditions for future generations. NRA also offers the best firearms education programs in the country and trains millions of Americans each year to be safe and responsible gun owners.

See special ‘Distinguished Life Member‘ offer below for those 65 years of age and older.

If you do not want the monthly magazine, we can sign you up for as little as $10 for a one year NRA membership.

One Year $10 Official NRA Membership

This $10 membership does not include monthly publication

$10.00

One Year Regular Official NRA Membership

1 year official NRA membership. Includes official NRA monthly publication. 1 year official NRA membership. Includes official NRA monthly magazine. Class date: Sunday, August 15, 2021 1:00 PM Location: Gander Outdoors, Bartow, Florida 7400 SR 60, East (Rifle Range Road & SR 60)

$45.00

3 Year Official NRA Membership

3 year official NRA membership. Includes official NRA monthly publication.

$100.00

5 year official NRA membership.

5 year official NRA membership. Includes official NRA monthly publication

$150.00

Official NRA Lifetime Distinguished Membership

Must be 65 years of age or older. One time payment Official NRA Distinguished Lifetime Membership. Includes official NRA monthly publication and all other membership benefits,

$600.00

Official NRA Lifetime Membership

Official NRA Lifetime Membership. Includes official NRA monthly publication and all other membership benefits,

$1,000.00

.