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    by Published on 02-28-2017 06:18 AM
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    SACRAMENTO, CA and FRESNO, CA (February 27, 2017) — Earlier today Judge Lawrence J. O’Neill, Chief Judge of the U.S. District Court for the Eastern District of California, issued an order granting plaintiffs’ motion for a preliminary injunction in a First Amendment civil rights lawsuit challenging a California statute that broadly restricts the Internet publication of the home address or telephone number of any “elected or appointed official.” The case, captioned Doe Publius and Derek Hoskins v. California Legislative Counsel Diane Boyer-Vine, is supported by civil rights advocacy organization Firearms Policy Coalition (FPC).

    “We are delighted that Judge O’Neill saw the statute and the State’s enforcement of it for exactly what it was: an unconstitutional restriction on free speech,” said FPC President Brandon Combs following the ruling. Combs added, “especially in times where some government officials are working to pass legislation that would criminalize law-abiding gun owners and eliminate Second Amendment rights, the First Amendment’s protection of law-abiding gun owners’ political speech and protest is more important than ever.”

    Today’s order states, in relevant part, that “the Court finds that Plaintiffs are likely to succeed on their claims that § 6254.21(c) violates the First Amendment as applied to them, and also violates the dormant Commerce Clause as applied to Hoskins. The Court further finds that the remaining preliminary injunction factors weigh in Plaintiffs’ favor. The Court therefore preliminarily RESTRAINS AND ENJOINS Defendant from applying or enforcing § 6254.21(c) against Plaintiffs.”

    Plaintiff Doe Publius, who filed under a pseudonym due to a fear of government retaliation and the potential for criminal prosecution under the challenged law, runs a political blog under the alias “The Real Write Wringer” and writes about California politics, civil liberties, and the Second Amendment. Publius (through their Web host, WordPress.com) was sent a takedown letter from the California Legislative Counsel threatening litigation if they didn’t remove a “tyrant registry,” which was posted after Governor Jerry Brown signed six new gun control bills into law on July 1.

    Another plaintiff, Derek Hoskins, is the owner of northeastshooters.com, an online forum for discussing firearms issues and shooting sports activities, news, and politics. In addition to his First Amendment claim, he challenged the State’s enforcement of the law under the U.S. Constitution’s Commerce Clause as well as Section 230 of the Communications Decency Act (47 U.S.C. § 230). The Legislative Counsel issued a takedown demand to Hoskins based on a discussion thread about the controversy over the takedown demand sent to Publius.

    A copy of the Court’s order and relevant case documents can be viewed or downloaded at https://www.firearmspolicy.org/publius_v_boyer_vine.
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    by Published on 02-22-2017 04:14 PM
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    By ALLIE MORRIS

    It’s now legal to carry a concealed loaded gun in New Hampshire without a license.

    Republican Gov. Chris Sununu signed so-called “constitutional carry” into law Wednesday morning, his first signing since taking office in early January.

    “It is common-sense legislation,” he said during a ceremony in the Executive Council chambers. “This is about making sure that our laws on our books are keeping people safe while remaining true to the live-free-or-die spirit.”

    The signing marked a GOP victory a week after the bruising defeat of right-to-work, one of Sununu’s top priorities.

    Republicans in control of the Legislature have sought to repeal the licensing requirement in recent years, but Democratic Gov. Maggie Hassan consistently vetoed the change, saying it threatened to weaken public safety.

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    by Published on 02-14-2017 06:40 AM
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    By AWR Hawkins

    San Francisco City Attorney Dennis Herrera is suing five gun accessory suppliers, claiming they are selling “high capacity” magazines by describing them as “repair kits.”

    According to the Los Angeles Times, the lawsuit “alleges that online retailers Badger Mountain Supply of Washington, 7.62 Precision of Alaska, Shooters Plus of Mississippi, LAK Supply of Wyoming and BuyMilsurp.com of Florida are engaged in unfair or fraudulent business practices.”
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    by Published on 02-08-2017 06:38 AM
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    By AWR Hawkins

    A liberal disability rights activist who “worked closely with the Clinton campaign” and opposes President Trump says House Republicans and the NRA are correct in pushing for a complete repeal of Barack Obama’s Social Security gun ban.

    The activist, Ari Ne’eman, explained that he “[tends] to be on the side of those condemning actions by the congressional GOP,” but not this time.

    Writing in Vox, Ne’eman addressed efforts to repeal the Social Security gun ban, saying:

    I and my disability rights colleagues found myself in an unusual position: siding with the Republicans and, yes, the National Rifle Association. Because while congressional Democrats have been admirable allies to the disability community on the vast majority of issues, when it comes to gun violence, both parties use people with mental illness as props — in ways that don’t help public safety, and that put vulnerable people at risk. In this case, it was the Democrats that got the issue wrong.

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    by Published on 02-01-2017 06:45 AM
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    By AWR Hawkins

    President Trump’s nominee to the Supreme Court of the United States is Neil Gorsuch, a judge on the United State Court of Appeals for the 10th Circuit who has written that “the Second Amendment protects an individual’s right.”

    Gorsuch wrote this in the opinion for United States v. Games-Perez. A facts page summarizing Gorsuch’s positions contains his full statement, which says the Supreme Court has held that “the Second Amendment protects an individual’s right to own firearms and may not be infringed lightly.”

    He also wrote that there is “a long tradition of widespread gun ownership by private individuals in this country.”
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