School Preemption:  Michigan Court of Appeals Overturns Clio Decision

This past week, the Michigan Court of Appeals overturned a favorable circuit court decision in Herman vs. Clio and upheld an unfavorable circuit court decision in MGO vs. Ann Arbor.

The court ruled in summary, “The issue presented is whether state law preempts Clio Area School District policies banning the possession of firearms in schools and at school-sponsored events. We hold that it does not, and reverse the judgment of the circuit court.”
In short, the decision reverses a long-held understanding that concealed pistol license holders enjoy an exception to carry openly in public schools and that public schools are local units of government that are preempted from enacting their own firearms rules.
The liberal justices on the three person Court of Appeals were hostile to gun owners in questioning and issued their judgement in short order.  That judgement is being appealed to the Michigan Supreme Court where gun owners should get a friendlier reception due to a 5-2 conservative majority.  The MCRGO Legal Foundation is expected to participate in the appeal.
You can read the full decision here .

Groups Sue NY Gov and State Over Taser and Nonlethal Weapons

ALBANY, NY and SACRAMENTO, CA (December 6, 2016) — Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and New York resident Matthew Avitabile have filed a federal Second Amendment civil rights lawsuit against New York Governor Andrew Cuomo in an effort to strike down the state’s ban on the acquisition and possession of Tasers and other nonlethal (sometimes called “less-than-lethal”) weapons.

Individual plaintiff Matthew Avitabile is the mayor of Middleburgh, New York and would like to buy and keep a Taser for self-defense. But New York Penal Law § 265.01 states that “A person is guilty of criminal possession of a weapon” if “He or she possesses any….electronic dart gun” or “electronic stun gun,” making the crime punishable as a misdemeanor.

The complaint states that, “Given the [United States Supreme Court] decision in Heller, Defendants may not completely ban the keeping and bearing of arms for self-defense” or “impose regulations on the right to keep and carry arms that are inconsistent with the Second Amendment.” Read more

Concealed Carry Permit Numbers Up

The election of Donald Trump, endorsed by the National Rifle Association and cheered by gun owners who were skittish over Hillary Clinton, has sparked an aggressive new effort to force liberal states to take down their barriers to concealed carry permits and gun ownership, reports the Washington Examiner.

National gun groups — such as the National Shooting Sports Foundation, the Second Amendment Foundation and the U.S. Concealed Carry Association — are eyeing legal challenges to some 10 states that make it difficult for citizens to get a carry permit.

The emerging fight was sparked by Trump’s surprise victory over gun control advocate Clinton and increased concerns among Americans, especially women and millennials, about crime and terrorism.

“It’s pure self-defense that’s driving many,” said Tim Schmidt, president of the U.S. Concealed Carry Association, based in Wisconsin. “They see these terrorist attacks, and they put themselves in the shoes of those being targeted.” Read more

Florida Good Samaritan Incident: What Does the Law Say?

If you read about or saw the descriptions of a recent incident in which a good samaritan in Florida came to the rescue of a Lee County deputy who was being beaten, you probably assumed that what the good samaritan did was legally justified in Florida. But what do the actual statutes in the Sunshine State say?

James Phillips, of the Katz & Phillips criminal-defense law firm in Orlando and a U.S. Law Shield of Florida Independent Program Attorney, researched the details of the incident and produced the following YouTube video to explain what the laws in the state are and how they might apply in this case:

Read more

Gun Owners Take Offense at Remarks by Levis CEO

West Bend, WI – The United States Conceal Carry Association responded to Levi Strauss & Co. CEO Chip Bergh who posted an open letter to customers, asking law-abiding citizens to refrain from bringing their concealed carry firearms into Levi Strauss stores. Bergh said his letter represents a “request” rather than a “mandate” or all-out ban, but he hopes customers will honor the request and enter Levi Strauss stores unarmed. Bergh suggested that the recent terrorist attacks in Nice, Orlando and Paris played a role in the decision to make this statement.

The next day, the New York Times editorialized that the self-defense argument in favor of the right to carry a concealed weapon is nothing more than a “myth.”

United States Concealed Carry Association Founder & President Tim Schmidt has released the following statement in response:

“The statements made by both of these organizations are irresponsible and insulting. As responsible, law-abiding gunowners, we know the powerful deterrent effect that responsible gun ownership has on criminals looking to commit acts of violence. You may not need a gun to try on a pair of jeans, but you may need one if a criminal enters the store seeking to harm you and your family. In fact, the CEO of Levi Strauss is suggesting that his stores become voluntary “gun free zones.” We know that these areas can easily make innocent citizens the target of those who are hunting for unarmed victims to prey upon.”

“It is also simply false for the New York Times to describe as a myth the widespread use of concealed weapons in the name of self-defense. Many of our members owe their lives to the fact that they could defend themselves when threatened by a criminal wishing to do them harm. Ask the number of people saved because law-abiding citizens carried concealed weapons whether or not the New York Times is right.” Read more

USCCA Statement on Ohio State Attacks

USCCA President Tim Schmidt Offers Condolences to Victims of University Attack

West Bend, WI – United States Concealed Carry Association Founder & President Tim Schmidt has released the following statement regarding today’s attack on the campus of Ohio State University:

“Our thoughts are with the victims of today’s cowardly attack on the campus of Ohio State University and we pray for their quick recovery. We also commend the quick and courageous actions of the armed campus police officer who engaged and neutralized the attacker. As all of us learn more about this latest attack and assess what can be done to prevent future injuries or loss of life, it should not go ignored that the students and faculty affected today were left without the right to protect themselves, since state law prohibits law-abiding citizens from carrying a concealed weapon on campus. While everyone is grateful that a law enforcement officer was quickly on the scene today, that is often not the case, and it is sadly too often that laws like these make innocent citizens in ‘gun-free’ zones the target of those with bad intentions. It’s our hope that lawmakers in Ohio and across the country will reconsider these irrational laws and give law-abiding Americans the opportunity to defend themselves and others.” Read more

OSU Knife Attack Proves the Urgency of Passing HB48

GW:  This mission to end “gun-free zones” came to mind yesterday after the terrorists attack at Ohio State University.


COLUMBUS, OH – The attack at The Ohio State University today is yet another reminder that no-gun “victim zones” do not make anyone safer.According to The Columbus Dispatch, “Nine people were injured when a man ran into pedestrians with his car on the Ohio State University campus, then exited the vehicle with a butcher knife and started cutting victims.”

Fortunately, an OSU police officer was close by and able to shoot and kill the suspect to stop the attack. But even so, those being attacked were unable to defend themselves effectively because Ohio law forbids carrying a concealed handgun on school campuses, even if school authorities may be willing to allow it.

This is why it is vital that HB 48 is passed into law. This bill would eliminate many of Ohio’s no-gun victim zones, including schools and universities. Read more

Firefield Stun Guns

(MANSFIELD, TEXAS) – Firefield Stun Guns are designed to ruin the day of any aggressor in need of a shocking reality check. With over 1.1 million violent crimes occurring in the U.S. each year, taking responsibility for your own protection and refusing to become a statistic has become more than a right; it has become a responsibility. While self-defense is critically important, many either cannot or will not carry a firearm. Whether you carry a stun gun with or in lieu of a firearm, self-preservation should never be a compromise.

Understanding and supporting your essential right to personal defense, Firefield now offers three highly effective stun gun models designed specifically for easy, single-handed operation: Firefield Microburst 7 Million Volt Stun Gun (FF24000), Firefield Volt 9 Million Volt Stun Gun and Firefield Surge 10 Million Volt Stun Gun (FF24002). All three Firefield Stun Guns are sure to deliver the electrifying results you want during a critical incident. Read more

More States Accept “Constitutional Carry”

USCCA’s Tim Schmidt joins The Daily Ledger on Defending the 2nd Amendment

In case you missed it, the Washington Times reports today that amid the rising number of Americans licensed to carry a concealed handgun, more states are passing laws that don’t require a permit to carry firearms, embracing the view that self-defense is a “natural born” right.
Missouri became the fourth state this year to approve a so-called “constitutional carry” law when Republican legislators overrode a veto by Democratic Gov. Jay Nixon on Sept. 15, making permitless carry legal. West Virginia, Mississippi and Idaho also have adopted constitutional carry laws in 2016, bringing the total number of such states to 12.

“States that focus on freedom realize that if self-defense truly is a natural-born right, and the Second Amendment truly affirms that natural-born right, you shouldn’t have to ask the government for permission to exercise it,” said Tim Schmidt, president of the U.S. Concealed Carry Association in West Bend, Wisconsin. “Kind of like you don’t have to ask the government to exercise the First Amendment.” Read more

Bass Pro Shops Acquiring Cabela’s for $5.5 Billion

LEGENDARY OUTDOOR BRANDS BASS PRO SHOPS AND CABELA’S TO COMBINE

*Attached: an open letter from Johnny Morris.

MERGER WILL ENHANCE ABILITY TO SERVE OUTDOOR ENTHUSIASTS WITH COMPLEMENTARY PRODUCT OFFERINGS AND GEOGRAPHIC FOOTPRINTS

CABELA’S SHAREHOLDERS WILL RECEIVE $65.50 PER SHARE IN CASH

BASS PRO SHOPS ENTERING INTO MULTI-YEAR CREDIT CARD PARTNERSHIP WITH CAPITAL ONE

BASS PRO SHOPS AND CABELA’S CLUB CUSTOMER LOYALTY PROGRAMS REMAIN UNCHANGED

Springfield, Mo. and Sidney, Neb. – October 3, 2016 – Bass Pro Shops and Cabela’s Incorporated (NYSE:CAB), two iconic American outdoor companies with similar humble origins, and with a shared goal to better serve those who love the outdoors, today announced that they have entered into a definitive agreement under which Bass Pro Shops will acquire Cabela’s for $65.50 per share in cash, representing an aggregate transaction value of approximately $5.5 billion. Read more

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