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The Amendment That Remade America
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What’s the most important amendment to the U.S. Constitution? The First, which guarantees the freedoms of religion, speech and assembly? If you favor gun rights, perhaps the Second? Criminal-defense lawyers might be inclined to invoke the Fifth. Randy Barnett and Evan Bernick make a case for an amendment that isn’t even in the Bill of Rights—the 14th, ratified in 1868.
That amendment, among its other provisions, bars states from abridging “the privileges or immunities” of citizens or depriving any person of life, liberty or property “without due process of law.” It’s best known for guaranteeing to all persons “the equal protection of the laws.” |
WI: Kyle Rittenhouse will argue self defense, but experts say proving it to a jury isn't easy
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In Wisconsin, self defense works like this: If a jury is convinced Rittenhouse reasonably feared he would be killed or seriously hurt by Joseph Rosenbaum, Anthony Huber and Gaige Grosskreutz, he would be found not guilty of most of the shootings.
Rittenhouse need only make "some showing" of self defense before the burden shifts to prosecutors to prove, beyond a reasonable doubt, Rittenhouse's belief only deadly force would save him was either dishonest or unreasonable.
Before deliberating, the jury would hear instructions on about how the privilege of self defense applies. |
The Supreme Court is set to hear arguments in major cases on abortion and guns. Here's what to know
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Abortion and guns are front and center as the Supreme Court heads back to the bench in November to hear oral arguments in some of the highest-profile cases of the term.
On Monday, the justices will hear back-to-back arguments in two cases, Whole Woman's Health v. Jackson and United States v. Texas, challenging a restrictive Texas law that bans most abortions after about six weeks of pregnancy.
Two days later, the court will hear arguments in New York State Rifle & Pistol Association v. Bruen, a case that centers on the Second Amendment's protections of the right to carry guns in public. |
MN: Man who shot at Minneapolis police sues city, officers
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A man found not guilty of attempted murder after firing at Minneapolis police during the unrest that followed George Floyd's death has sued the city and numerous officers, alleging excessive force was used in his arrest.
Jaleel Stallings, 29, also alleges in the federal lawsuit filed Thursday that several of his constitutional rights were violated following the shooting.
During his trial in July, Stallings testified he thought he was being attacked by civilians after he was struck in the chest with what turned out to be a nonlethal rubber bullet fired by police. Stallings said he shot at an unmarked white van in self-defense after he was hit on May 30, 2020. |
Gas Station Shootout Between Outnumbered Retired Captain Caught on Camera
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A shootout between a retired police captain and four armed robbers leaves the victim in critical condition and one suspect dead.
This incident happened last week at 1 PM on a Thursday. AKA broad daylight. The retired police officer pulled up to a gas station in his white Porsche. As he was pumping gas, a black car pulled up, and three armed suspects got out. The suspects brandished their firearms and attempted to rob the retired police captain. |
WI: Ahead of Rittenhouse trial, race seen as underlying issue
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Kyle Rittenhouse, the aspiring police officer who gunned down three people in Kenosha, Wisconsin, during a protest against racism and police brutality, is white. So were those he shot. But for many, his trial next week will be watched closely as the latest referendum on race and the American legal system.
“Make the connection,” said Justin Blake, a Black man whose nephew Jacob was a key part of the backstory of the case. “This is clearly Black and white.” |
The Difference Between Self-Defense And Assault
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For many people, the fine line between self-defense and assault is difficult to ascertain. A fight can take place in a matter of seconds. Sometimes, people can’t even clearly recall exactly what happened to start the fight let alone the details in between. Others vividly recall in clear, stunning detail every minute detail.
When it comes to prosecution from the courts for criminal charges, they will look at several factors to determine whether an act was self-defense or classifiable as criminal assault. |
Supreme Court to hear big gun rights case
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The Supreme Court is about to hear its biggest gun rights case in years, arguments that come as gun violence has surged.
The case the justices will hear Wednesday could dramatically increase the number of people eligible to carry a gun as they go about their daily lives.
It could also make it harder for cities from New York City to Los Angeles to limit gun permits and call into question restrictions on carrying guns in places where people gather including subways, airports, bars, churches and schools. |
Standing firm on the Second Amendment
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The right of American citizens to keep and bear arms is guaranteed by the U.S. Constitution, and those who choose to lawfully exercise this right should be at liberty to do so.
Firearms play an important role in daily life for many West Virginians. The beautiful Mountain State is home to many who use their guns to hunt, for sport or to protect their homes.
No matter the reason an individual has for owning a firearm, the laws of the land — in no uncertain terms — state they may do so.
Perhaps one of the most important phrases in the Constitution with regards to gun ownership is the very clear provision that this right “shall not be infringed.” |
NM: Cliff man killed by gunshot Wednesday
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Castillo said that when deputies arrived, they found the victim dead and the suspect still at the scene, claiming self-defense.
The district attorney arrived at the scene and went through the evidence with the deputies, and “evidence supported the claim of the suspect,” Castillo said. “The district attorney determined that it was a justifiable shooting, and that no charges will be filed.” |
Shooting Straight with Chris Cheng
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Many of us remember Chris Cheng from the History Channel’s long-since-canceled show “Top Shot.” The show ran for five seasons, between 2010 and 2013, and featured two teams of competitors who had to use an unknown array of rifles, handguns and shotguns on various targets as they ran through shooting stations. One by one, the lowest-scoring marksmen were eliminated.
Cheng was a fan. In fact, he thought he’d like to be on “Top Shot.” So he applied. The thing was, Cheng wasn’t much of a shot at the time. He owned a few guns and did compete a little, but he says, “I wasn’t very good.” He was then a full-time employee at Google. |
NM: Dems propose near-total firearm ban at NM Capitol, including for public, legislators
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The draft policies read, “All firearms, including concealed handguns, explosives or other dangerous weapons, are prohibited inside of the capitol, capitol north and Walter K. Martinez memorial walkway, with the exception of firearms carried by: (1) certified law enforcement officers engaged in the normal discharge of their duties; (2) uniformed armed services or military personnel engaged in the normal discharge of their duties; and (3) individuals with written permission from the speaker of the house of representatives or president pro tempore of the senate.” |
NY: Justices barreling into gun rights standoff have little precedent to guide them
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“Those words would serve no purpose at all, which would violate the cardinal principle of constitutional interpretation,” the group wrote in their opening brief. “Their purpose and meaning is clear; the reference to bearing arms secures the pre-existing, fundamental right to ‘carry weapons in case of confrontation.’”
Asserting that New York’s law is “wholly antithetical” to Second Amendment rights, the challengers averred that “any faithful reading of text, history, tradition, and precedent forecloses New York’s attempt to prohibit petitioners from carrying handguns for self-defense just because the state is not convinced that they really need to exercise that fundamental right." |
OH: Making concealed carry license optional passes Ohio House committee
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Carrying a concealed handgun without a license in Ohio became a step closer to reality when a House committee passed what the chairman called the most significant Second Amendment bill to advance through the Legislature in years.
The House Government Oversight Committee passed House Bill 227 on a party-line vote, 8-4, on Thursday. It was crafted with the help of the National Rifle Association and the Buckeye Firearm Association. Its next step would be a full House vote. |
NC: Robinson speaks to evangelical crowd days after saying he’ll likely run for NC governor
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Friday’s rally listed an array of causes to support, including law enforcement and military, “true American history” and “the unborn.”
Other topics that came up during the rally included critical race theory, a legal framework that conservatives both in North Carolina and the country have claimed is being taught in classrooms; and President Joe Biden’s handling of illegal immigration at the southern border; and the Second Amendment.
Those who came to hear Robinson included small children and school-aged kids gathered on the lawn outside the Legislative Office Building, which houses some state legislative offices. |
NRA Releases To Keep & Bear Freedom: 150 Years of the National Rifle Association
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Earlier this week, your National Rifle Association released To Keep & Bear Freedom: 150 Years of the National Rifle Association.
Since 1871, the organization has promoted marksmanship, the national defense and the knowledge, skills and attitude necessary to be a responsible gun owner. In celebration of that heritage, your NRA has produced a hardbound, collectible book, To Keep & Bear Freedom: 150 Years of the National Rifle Association, chronicling NRA’s century-and-a-half of service to America. |
NY: N.Y. Gov. Hochul Signs 3 New Gun Bills Into Law
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New York’s governor took aim at the Second Amendment while signing three new laws targeting so-called ghost guns. Democrat Kathy Hochul made the announcement during a press conference Thursday.
This package of bills specifically focuses on untraceable, usually kit-assembled weapons. The measures ban the sale of such firearms as well as outlawing the ownership of unfinished gun frames by anyone outside the gun trade.
Hochul touted the city’s strict stance on guns, but seemingly proved the point of many Second Amendment advocates when it comes to gun-related crime. She noted that criminals are going to continue seeking weapons regardless of what laws are in place. |
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