CLIO, MI – A judge has ruled that a Clio-area father can legally open carry his pistol inside of his daughter’s elementary school despite a legal challenge from the school district.
Genesee Circuit Judge Archie Hayman on Monday, Aug. 10, ruled in favor of Kenneth Herman, who filed the lawsuit March 5 in Genesee County Circuit Court against the Clio Area School District after he was denied access to Edgerton Elementary multiple times while attempting to pick up his daughter because he was open-carrying a pistol.
“The ruling today does not come as a surprise, the law is the law,” Herman said after Hayman’s decision. “Now that Clio Area Schools have heard the ruling, read the laws and the Court of Appeals case law has been explained to them, I they stop burning through tax dollars fighting the law and common sense.”
And you lose some
Cody Wilson and the Second Amendment Foundation are fighting the good fight against some extremely restrictive ITAR regulations that have put the kibosh on Defense Distributed’s 3D printed firearms files. It looks like the first skirmish in that battle has gone to the government, with a Texas judge denying a preliminary injunction that would have allowed Defense Distributed to distribute their CAD files online again. TTAG has exclusively obtained the judge’s order, and while an immediate appeal has already been filed, there are still some real gems in here that show how the legal system thinks about the Second Amendment and free speech in general. Hint: it ain’t good . . .
While the founding fathers did not have access to such technology, Plaintiffs maintain the ability to manufacture guns falls within the right to keep and bear arms protected by the Second Amendment. Plaintiffs suggest, at the origins of the United States, blacksmithing and forging would have provided citizens with the ability to create their own firearms, and thus bolster their ability to “keep and bear arms.” While Plaintffs’ logic is appealing, Plaintiffs do not cite any authority for this proposition, nor has the Court located any. The Court further finds telling that in the Supreme Court’s exhaustive historical analysis set forth in Heller, the discussion of the meaning of “keep and bear arms” did not touch in any way on an individual’s right to manufacture or create those arms. The Court is thus reluctant to find the ITAR regulations constitute a burden on the core of the Second Amendment.
In other words, while you absolutely have the right to keep and bear arms, there’s nothing that protects the right to manufacture those firearms. Or so this specific judge says. That could have broad reaching implications for people who manufacture their own guns using 80% receivers, and possibly open the door for a whole new line of attack for gun control activists. Because if the manufacture of guns isn’t protected under the 2nd Amendment, then what’s stopping anti-gun states from declaring all manufacture illegal and running gun makers out of business?
And then the anti-gun politicians show that they don’t actually care about “saving children’s lives” or “stopping crime” or whatever false reasoning they used to support the passage of new laws that deny people their civil rights.
A new law requiring background checks for all firearm sales and transfers, including private transactions, goes into effect in Oregon Sunday.
But will anyone enforce it?
One of the main sponsors of the bill, State Sen. Ginny Burdick (D-Portland), admitted Friday the law doesn’t include money for enforcement.
Still, Burdick said, “This will make it harder for the criminals and the dangerously mentally ill to get guns.”
If you sell a gun privately, in person or online, the law says you have to meet the buyer at a licensed gun shop and have them go through a background check, which Burdick says costs $10.
Law enforcement authorities in the Portland area and throughout the state say they won’t go out and find people who are breaking the law, though they will investigate any reports they get.
“It’s just a simple practicality – until we have the resources here to fully fund law enforcement and prosecution, new crimes probably aren’t going to get much attention,” Lane County Sheriff Byron Trapp said when asked about the bill in June.
Essentially, “We’re going to get after these guys some time in the future. Maybe. We’ll see.”