Appeals Court Rules That Non-Serious Convictions Do Not Erase 2A Rights

BELLEVUE, WA – The Third U.S. Circuit Court of Appeals has ruled that individuals convicted of certain non-serious misdemeanor crimes do not lose their fundamental rights under the Second Amendment in a decision involving two separate cases brought by the Second Amendment Foundation.

The unanimous ruling came from an en banc panel in the combined cases of Binderup v. the U.S. Attorney General and Suarez v. the U.S. Attorney General.

In 1990, Julio Suarez was stopped on suspicion of driving while intoxicated. At the time he was carrying a handgun and spare ammunition without a permit. He pleaded guilty in Maryland state court to the charge and received a 180-day suspended sentence and $500 fine. Daniel Binderup pleaded guilty in 1996 to a misdemeanor charge related to a consensual relationship he had with a 17-year-old female employee and received three years’ probation and a $300 fine. Neither man was ever incarcerated.

However, in both cases, the crimes could have resulted in jail time for which the federal gun law blocks firearms possession. Binderup and Suarez petitioned the Pennsylvania court in 2009 to remove the state prohibition against firearms possession, but federal law “continues to bar them from possessing firearms because their convictions have not been expunged or set aside, they have not been pardoned, and their civil rights have not been restored,” the court noted.

“Where the Second Amendment’s guarantees apply, as they do for Binderup and Suarez, ‘certain policy choices’ are ‘necessarily’ taken ‘off the table.’ Forever prohibiting them from possessing any firearm is one of those policy choices,” the appeals court said in today’s ruling.

“Today’s victory confirms that the government can’t simply disarm anyone it wishes,” stated SAF attorney Alan Gura. “At an absolute minimum, people convicted of non-serious crimes, who pose no threat to anyone, retain their fundamental rights. That this is even controversial is a matter of some concern.” Read more

New Book: The War on Guns

The War on Guns narrow cover
A COPY OF THE BOOK IS AVAILABLE HERE.
What are people saying about the book?
“The Second Amendment has no better defender than John Lott. What makes him so invaluable is his ability to go beyond philosophical arguments and to engage opponents of gun ownership on the facts. Through rigorous research and analysis of data, he has been able to show in previous books that increased gun possession can actually make people safer and reduce crime. In The War on Guns, his latest contribution to the gun debate, he takes aim at a wide range of anti-gun shibboleths and exposes the fraudulence of each one. For that, he has done his country and the cause of gun rights a great service. For anyone looking to be armed with the truth about guns, I highly recommend that you add this book to your arsenal.”
—TED CRUZ, U.S. senator, Texas

CCRKBA: Obama Commuted Sentences of 50 “Gun Criminals”


Obama Is Soft On Criminals, Hard On Gun OwnersBELLEVUE, WA – When Barack Obama commuted the sentences of 214 convicted criminals Wednesday, there were some 50 people on that list whose offenses included either using or carrying a gun at the time, leading the Citizens Committee for the Right to Keep and Bear Arms to wonder why the president is softer on gun-packing criminals than he is on gun-owning honest citizens.

“Barack Obama has never missed an opportunity to exploit some tragedy in an effort to curtail legal gun ownership,” CCRKBA Chairman Alan Gottlieb observed. “But the other day he granted leniency to people who have actually committed crimes while armed. As many people have been led to suspect with his foreign policy decisions, his action on Wednesday leaves us convinced that he can’t tell the good guys from the bad guys.

“Considering who he wants to have replacing him in January,” he continued, “that’s really not difficult to believe. But the fact remains that the president seems more worried about people who haven’t committed crimes with guns they legally own than people who have committed crimes while carrying guns they probably did not legally own.” Read more

NSSF to Challenge Massachusetts Attorney General’s “Enforcement Notice”

BOSTON, Mass. – The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms and ammunition industry, today announced that it will pursue legal action to challenge the “Enforcement Notice” issued by Massachusetts Attorney General Maura Healey that would appear to ban sales of semiautomatic rifles in the commonwealth.

“With this ‘Enforcement Action,’ the Attorney General’s office has demonstrated how little it understands about firearms and has generated considerable uncertainty and confusion,” said Lawrence G. Keane, NSSF senior vice president and general counsel. “Attorney General Healey and/or her staff have overreached their authority and decided to legislate from her office without the benefit of any public process. Her actions totally disregard 18 years of Massachusetts firearm law, supported by all state regulatory agencies and understood by all concerned, in which firearm retailers have operated. The Attorney General has undermined the legislative and public process by unilaterally declaring products that were legal to be illegal. In doing so, she has endangered the livelihoods of family-owned businesses and made potential felons out of tens of thousands of law-abiding citizens.”

“This unlawful overstepping of power must be challenged,” Keane said. NSSF has retained Michael Sullivan of the Ashcroft Law Firm, who is a former United States Attorney for the District of Massachusetts and former acting director, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Boston-based law firm of Kenney and Sams, P.C. Read more

S&W $500,000 Contribution to NSSF #GUNVOTE

NEWTOWN, Conn. – The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms industry, is pleased to announce that Smith & Wesson has joined NSSF’s #GUNVOTE Chairman’s Club with a $500,000 contribution to the association’s critical voter registration and education campaign. This is the largest contribution the #GUNVOTE campaign has received to date. Read more

Ruger Announces $5 Million Match Campaign to Benefit the NRA-ILA

Sturm, Ruger & Company, Inc. (NYSE: RGR) is proud to announce the Ruger $5 Million Match Campaign to benefit the NRA Institute for Legislative Action (NRA-ILA). The NRA, through its Institute for Legislative Action, is leading the charge to preserve the Second Amendment and individual firearm rights of U.S. citizens.

Between August 1 and October 31, 2016, any donation made to the NRA-ILA that is affiliated with this Campaign will be matched by a donation from Ruger, up to a maximum cumulative Ruger contribution of $5,000,000. All donations will benefit the NRA-ILA’s efforts to protect the Second Amendment in the upcoming November elections. Read more

CCRKBA Rips Gun Ban Proposed By Northwest Gun Prohibition Groups


BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today blasted two prominent Pacific Northwest gun prohibition lobbying groups for proposing legislation aimed at penalizing law-abiding gun owners for the crimes of racist cop killers and home-grown terrorists.”The ban on so-called ‘assault weapons’ proposed Wednesday by Washington Ceasefire and Ceasefire Oregon plays on public fear, and goes after the wrong people,” said CCRKBA Chairman Alan Gottlieb. “But at least for the first time both groups are officially out of the closet as gun prohibition organizations. No longer can they hide behind the façade of ‘gun safety’ or even ‘gun control.’ They want to ban an entire class of firearms.”
Read more

CCRKBA: Clinton Delegate in Shooting, Resigns


BELLEVUE, WA – A Pennsylvania woman who would have been a delegate for Hillary Rodham Clinton at this week’s Democratic National Convention will instead be in court Tuesday to face charges of attempted murder in a case that suggests restrictive gun laws supported by Clinton have once again failed, the Citizens Committee for the Right to Keep and Bear Arms said today.

The case involves former at-large Pennsylvania delegate Deanna Vicites. She was arrested after allegedly shooting and wounding her husband, Fayette County Commissioner Vincent Vicites more than a week ago. She resigned her post as a delegate last week. Another twist to the story is that she pleaded guilty to conspiracy to commit burglary some years ago and is reportedly prohibited from possessing a firearm.

“If this case demonstrates anything,” said CCRKBA Chairman Alan Gottlieb, “it would be that all the gun laws pushed by Hillary Clinton and the Democrats didn’t stop the suspect in this case from getting her hands on a gun. But instead of trying to keep everybody from having guns, maybe it’s just Hillary’s delegates who should be disarmed.

“However,” he observed, “just because you can’t trust people in your own party with guns doesn’t mean you can’t trust anybody with a gun. Clinton Democrats should not apply their standards to the entire population. Millions of responsible Americans own firearms. Of course, they’re probably not planning to vote for Hillary, because they’re as responsible with their votes as they are with their firearms. Read more

SAF Slams Media Cover for Clinton’s Campaign Against Second Amendment

BELLEVUE, WA – The Second Amendment Foundation today condemned attempts by the agenda-driven media, led by CBS, to provide cover for Democrat Hillary Rodham Clinton’s war on gun rights by trying to debunk Republican Donald Trump’s statement Thursday night that Clinton “wants to essentially abolish the Second Amendment.”

“CBS News and others argue that Trump’s allegation is not true, and that ‘Clinton has spoken up for Second Amendment rights on several occasions,'” noted SAF founder and Executive Vice President Alan M. Gottlieb. “They are being disingenuous at best, and they know it.

“More than a year ago,” he recalled, “Clinton made gun control a cornerstone of her campaign. She talked about using Australia’s gun confiscation as something that might be considered. She told a private fund raiser last October that she thinks the Supreme Court was wrong on the Second Amendment, and in an interview with George Stephanopoulos, she even questioned whether the Second Amendment protects an individual right. Read more

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