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<![CDATA[Gun Control]]>

Michigan school system has bold plan to address shootings

March 21, 2023 by Tom Knighton Leave a Comment

I sincerely wish I could just snap my fingers and end mass shootings forever. Unfortunately, I can’t. No one can, and that’s also essentially what the push for gun control is with regard to mass shootings. At best, it’s a wish.

But a school system in Michigan has an interesting–and expensive–plan to address school shootings. They’re redesigning their schools.

Many schools in America, like the one Moreno’s grandson attends, have installed metal detectors and fortified their entrances in response to the threat of school shootings.

But others, like Fruitport High School in Michigan, have opted to completely redesign their buildings’ architecture – spending $48 million to incorporate curved hallways and little nooks for students to hide in, among other safety-driven upgrades.

“Architectural designs will be very important. And hopefully they will focus on really getting better security for schools and students and children,” Moreno said, hoping districts “really know and take into consideration the pain in people’s lives right now.”

…

Over the past five decades, schools have taken various approaches to improve safety, said Gregory Saville, who edited the International Crime Prevention Through Environmental Design Association, or CPTED’s, guidebook on school design.

“Schools simply were these boxes, the red stone buildings of, you know, ‘Ozzie and Harriet’ back in the forties and sixties,” Saville said. “They simply had teachers [and principals] watching… But that was it.”

Around the same time CPTED was created, that started to change, and schools began installing cameras and trimming hedges to improve sight lines. Saville said that was part of a larger architecture and urban planning movement, looking at ways to reduce crime in physical environments.

But now, instead of calling for fortified entrances and security features that can put students on edge, experts are calling for a more holistic approach – where architecture serves as a conduit for both physical security and for supporting students’ mental health to prevent violence in the first place.

“They have these hallways and lockers, but there’s no place to hang out, no place to socialize,” said architect Rene Berndt, who is part of CPTED’s board of directors. “And so, we’re trying our best to create these moments, to use these areas to create some kind of social cohesion, to actually avoid the whole concept of some students being pushed so far out and so alienated, you know, that [they don’t] really have a place to belong.”

Now, I’m not sure if it will work or not, but I applaud the thinking behind it.

See, this isn’t some school board putting out a call for gun control. They’re looking at ways to eliminate their schools as potential targets in the first place, plus potentially addressing the causes of school shootings at the same time.

It’s a bold and noble effort.

Again, I don’t know that it will work, but what we’re seeing here is an effort to at least try something.

Removing long, straight hallways also reduces the ability of a school shooter to find targets. Alcoves to hide in may help preserve individual lives should one try it. Further, since things wind, once the killer is out of sight, the hidden student can then escape.

And if it keeps students from feeling that alienated, well, isn’t that even better?

Now, I’ve been a proponent of hardening our schools, and I still think we should to some degree, but I also like outside-of-the-box thinking on how to address these shootings. That’s what we see here.

The downside is, of course, the price tag. It’s expensive as hell and a lot of school systems aren’t going to be up for that kind of thing. Further, grants for metal detectors are much easier to find than ones that fund a total redesign of a school’s architecture.

Still, I wish them luck and I hope to hell it works.

Unfortunately, it’s one of those things that if it works, we’ll likely never think about it again. That’s kind of a shame.

Filed Under: <![CDATA[Gun Control]]>, <![CDATA[Gun Rights]]>, <![CDATA[Guns]]>, <![CDATA[school shootings]]>, <![CDATA[Video]]>, Bearing Arms, News

Federal Judge Strikes Down Controversial California Handgun Roster Law on 2nd Amendment Grounds

March 20, 2023 by Dennis Santiago Leave a Comment

On Monday, March 20, District Judge Cormac Carney in Santa Anna, California struck down the state’s Handgun Roster gun control law finding it violated the right to keep and bear arms under the Second Amendment of the U.S. Constitution.

This is the latest blow to gun control advocates striking down state gun laws following a U.S. Supreme Court ruling in 2022 expanding gun rights. The repeal will take effect fourteen days following the ruling.

California-Governor Gas Prices
AP Photo/Rich Pedroncelli

California’s Unsafe Handgun Act required all new semiautomatic handguns sold to Californians to have unique safety features not required in other states effectively freezing the technology available and preventing handgun modern safer handguns designs from being available to Californians.  The law was later amended to include a requirement for microstamping ammunition, which has never been implemented.

The State has consciously viewed the deliberate winnowing of handguns approved for sale to Californians as a policy outcome objective of Sacramento. But in 15 days, the entire inventory of decades of handgun technology improvements will become available to California gun buyers.

Overnight, handguns only available to law enforcement will again be legal for ordinary citizens to buy and own. Advances in size, reliability, ergonomics, and safety will be on the shelves. An era will end of US manufacturers having to invest in what were called “CA models”, which tried to adapt to California’s requirements, often resulting in significant performance degrades compared to the same handgun available in the other forty-nine states.

The law was challenged in 2018 but was rejected by the San Francisco-based 9th U.S. Circuit Court of Appeals. A new lawsuit was filed in 2022 after the U.S. Supreme Court ruled in June that gun control laws must be consistent with the nation’s “historical tradition” of gun control regulation. Judge Carney specifically pointed out in the ruling that the state had failed to point to any historical parallel for the Unsafe Handgun Act and that Californians “should not be forced to settle for decade-old models of handguns.”

“Californians have the constitutional right to acquire and use state-of-the-art handguns to protect themselves. They should not be forced to settle for decade-old models of handguns to ensure that they remain safe inside or outside the home.” https://t.co/XZUmn1KQuF

— Stephen Gutowski (@StephenGutowski) March 20, 2023

The court ruling bolsters the legal view that other gun control laws across the nation are likely to face similar “historical” test scrutiny.  Arguments by states seeking to defend their historical right to pass gun control laws since the Supreme Court decision have sometimes grasped at hyperbole calling on examples of American prejudice and oppression as the basis for “historical” proof of the rights of the state as senior to that of the citizenry, which 2A proponents have argued violates the principles of both the U.S. Constitution and the Declaration of Independence.

Such lines of argument have not sat well with the courts as they apply the Equal Protection of the 14th Amendment to these 2nd Amendment cases.  There are additional 2nd Amendment cases pending in California and in other states such as New York.  The ruling in California could be a harbinger of other decisions that will continue to emerge as 2023 progresses.

Late in the day, California State Attorney General Rob Bonta’s office issued the following statement,

“The fact of the matter is, California’s gun safety laws save lives, and California’s Unsafe Handgun Act is no exception,” said Attorney General Bonta. “We will continue to lead efforts to advance and defend California’s gun safety laws. As we move forward to determine next steps in this case, Californians should know that this injunction has not gone into effect and that California’s important gun safety requirements related to the Unsafe Handgun Act remain in effect.”

Today’s decision is stayed for 14 days to allow the State to file an appeal and seek a further stay from the court of appeals, and the chamber load indicator, magazine disconnect, and microstamping requirements for new semiautomatic pistols remain in effect until at least that time. The district court’s decision also does not disturb the State’s requirement that to be available for retail sale, a semiautomatic pistol must appear on the Roster of Certified Handguns after passing other safety requirements, such as drop safety and firing tests conducted by a certified independent laboratory.

This would indicate that California has not decided if it will appeal the decision; indeed, the State may be trial ballooning the option to accept the ruling once the 14-day stay is lifted. California may choose to let the decision stand and instruct the Department of Justice to allow testing laboratories to begin certifying more handguns into the Roster of Certified Handguns.

This would mean that ordinary gun owners will be able to purchase many more new types of firearms. It would also mean that a legislative chapter that began in 1999 may finally be reaching closure.

The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com.

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Filed Under: <![CDATA[2nd Amendment]]>, <![CDATA[California]]>, <![CDATA[Gun Control]]>, <![CDATA[Handgun Roster]]>, <![CDATA[Unsafe Handgun Act]]>, News, Red State

Authorities say prohibited persons behind San Jose gun trafficking operation

March 20, 2023 by Cam Edwards Leave a Comment

Police in San Jose, California say they’ve broken up an operation illegally selling firearms in the city; one allegedly run by two individuals already prohibited by state law from purchasing or selling firearms.

Authorities arrested 23-year-old Eric Diaz-Ramirez, along with an unidentified 16-year-old, on a variety of charges involving guns and drugs. Interestingly, while the investigation was conducted by the San Jose PD’s “ghost gun unit,” it doesn’t look like any home-built firearms were seized as a result.

During the investigation, detectives determined that Diaz-Ramirez was allegedly supplying various illegal firearms to the juvenile suspect.

Detectives later determined that the juvenile suspect allegedly had been in possession of a loaded concealed firearm while on campus at Independence High School during school hours.

On Wednesday, detectives served two simultaneous search warrants and took the suspects into custody in San José without incident.

The following items were seized during the residential search:

  • Springfield Armory Champion semi-automatic pistol .45 caliber
  • Heritage Arms revolver .22LR caliber
  • Colt Automatic semi-automatic pistol .25 caliber
  • Harrington & Richardson revolver .38 Special caliber
  • Smith & Wesson SD40OVE semi-automatic pistol .40 caliber
  • Approximately 43.5 gram of suspected cocaine
  • Various calibers of ammunition for those firearms
  • Marijuana

I wonder what was easier for Diaz-Ramirez to allegedly get ahold of, the illegal drugs or the guns that are illegal to buy and sell in California without a background check and a 10-day waiting period? I guess I should throw the ammo in there as well, since California law requires background checks on ammunition purchases and bans residents from bringing in ammo purchased out-of-state.

None of those statutes stopped Diaz-Ramirez from running guns and drugs, according to authorities, though they certainly impose a heavy burden on law-abiding citizens. And apparently none of them were “ghost guns” either, which is another indication that California’s restrictive policies aren’t dramatically reducing the existing supply of stolen or black market guns.

Locally, San Jose’s politicians have decided to blame legal gun owners for the actions of violent criminals by imposing insurance mandates and annual fees on them, while ignoring the guys who are illegally supplying the guns to the guys illegally pulling the trigger at the increasing number of crime scenes across the city. As someone who allegedly possessed guns despite his status as a convicted felon, Diaz-Ramirez wouldn’t have been able to get liability insurance even if he’d tried to comply with the law, and I doubt he would have outed himself by cutting a check to whatever third-party the city ultimately decides will collect its annual tax on gun ownership.

No, as it turned out what actually stopped Diaz-Ramirez and his juvenile cohort from allegedly continuing their felonious behavior was simply good old fashioned police work. Moreover, the most serious charges that Diaz-Ramirez is facing are crimes that aren’t really part of California’s unique and dystopian gun control landscape; possession of a firearm by a prohibited person, gun trafficking, and illegal drug possession among them.

Now that police have done their jobs we’ll see if prosecutors in San Jose will do theirs. One of the first tests will be if the 16-year-old is charged as an adult or if his case is referred to juvenile court instead, and we’ll be keeping watch for any news on Diaz-Ramirez and his co-defendant going forward.

Filed Under: <![CDATA[Gun Control]]>, <![CDATA[gun trafficking]]>, <![CDATA[prohibited person]]>, <![CDATA[San Jose]]>, <![CDATA[Video]]>, Bearing Arms, News

Op-ed exposes gun control advocate’s myopic thinking

March 20, 2023 by Tom Knighton Leave a Comment

The topic of gun control is one that we’re never going to get past, I’m afraid. For every right we have, there will be someone who wants to take it away.

It’ll always be for what they think are good reasons, of course. It’ll also be described as something like a minimal restriction or whatever. They’ll claim they don’t want all of that particular right, just that one little piece of it.

But underlying all of this is some really bizarre thinking, particularly when it comes to gun control.

Take this op-ed about the issue of passing gun control in Virginia right now.

Young children and teenagers in Virginia have proved they can get their hands on guns and harm themselves and others. The firearms might have been right in their own homes.

Against this backdrop, lawmakers in the General Assembly passed almost no new gun legislation this year to stem the ongoing carnage. It was as if the blood-soaked status quo was acceptable.

…

In Virginia, you can blame philosophical differences among the parties for a lack of progress in the Assembly, as the Richmond Times-Dispatch noted. Democrats, who control the state Senate, tend to focus on preventing violence and seeking holistic solutions. Republicans, who control the House of Delegates, often prefer boosting prison terms for specific crimes.

I favor the former approach because it focuses, in part, on the underlying reasons why people choose guns to settle disputes. Intervention can prevent foolish and fatal decision-making.

Now, I’d like to give the author a bit of credit for not blatantly straw-manning the GOP position on preventing violence. He’s wrong, but at least it looks like an attempt to give a good-faith accounting of both sides of the issue.

Pro-gun voices don’t support gun control, though, not because they think prison terms are better–for the record, they’re really not. Most violent offenders either don’t think they’re going to get caught or don’t care, so there’s no deterrence factor–but because they believe gun control simply doesn’t work.

And, particularly if you talk about violence as a whole, it doesn’t.

At best, gun control laws would make it so violent criminals would stab people to death rather than shoot them. Um…how is that better?

We already know our knife homicide rate is higher than many other nations’ total homicide rate, so we can’t even pretend that the problem is purely one about guns. Yet gun control really looks like the warped belief that it’s somehow better to be stabbed 27 times than be shot once.

The author favors removing guns because he feels it “focuses, in part, on the underlying reasons why people choose guns to settle disputes,” but ignores the fact that if one is inclined to settle disputes violently in the first place, it won’t matter if guns are available or not, they’ll still respond violently.

That means things like stabbings and beatings, all of which are also potentially fatal.

Removing guns from the equation–not that gun control will, mind you, but roll with me for the sake of argument–doesn’t end the potentially fatal outcomes. It simply shifts to other weapons that are arguably more brutal and terrifying.

The author’s belief is myopic at best.

Yet he’s not alone in somehow thinking that gun control will make the problem go away. That’s why the problem is always framed around guns themselves. “If we remove guns, gun violence disappears” sounds very common sense until you realize that you haven’t made anyone less violent. What you’ve done is put the physically weak at the mercy of bigger, stronger, and meaner people.

That’s not a world I want to live in.

Filed Under: <![CDATA[Gun Control]]>, <![CDATA[Gun Rights]]>, <![CDATA[Guns]]>, <![CDATA[knife crime]]>, <![CDATA[Video]]>, Bearing Arms, News

Federal judge issues injunction against CA microstamping requirement and other aspects of “Unsafe Handguns Act”

March 20, 2023 by Cam Edwards Leave a Comment

California’s requirement that all handguns sold in the state come with chamber load indicators, magazine disconnect mechanisms, and microstamping features are likely unconstitutional according to U.S. District Judge Cormac Carney, who granted an injunction on Monday in Boland v. Bonta; a case brought by the California Rifle & Pistol Association and several individual gun owners taking on the constitutionality of several aspects of California’s Unsafe Handgun Act.

In his ruling, Carney pointed out that California’s requirements have a “devastating impact” on Californians’ ability to acquire “new, state-of-the-art” handguns; noting that no new models of handguns have been made available for sale in the state for the past ten years thanks to the microstamping requirement. The judge went on to declare that the challenged provisions of the UHA are “not consistent with this Nation’s historical tradition of firearm regulation” and excoriated the state for preventing residents from accessing commonly owned firearms available in almost every other jurisdiction across the country.

Nevertheless, the government contends that the plain text of the Second Amendment does not protect Plaintiffs’ proposed course of conduct because Plaintiffs are still able to purchase some firearms and therefore keep and bear them. But a law does not have to be a complete ban on possession to meet Bruen’s first step.

Indeed, the Constitution protects much more than the bare right to keep and bear any outdated firearm for self-defense. The Second Amendment also protects attendant rights that make the underlying right to keep and bear arms meaningful. Those attendant rights include the right to acquire state-of-the-art handguns for self-defense.

Contrary to the government’s assertion, the fact that Californians may purchase other firearms—including long guns or single-shot guns (which are not subject to the UHA), outdated On-Roster handguns, or Off-Roster handguns on the secondary market— does not mean that the Second Amendment does not cover their proposed conduct of purchasing state-of-the-art handguns on the primary market.

Carney also found California’s evidence for the historical tradition of these aspects of the Unsafe Handgun Act to be less than persuasive. Attorney General Rob Bonta found a couple of statutes from the early 19th century in Maine and Massachusetts requiring all musket and pistol barrels to be inspected, along with similar provisions found in the 1770s in New Hampshire, Maryland, and Pennsylvania, but Carney says those laws had a very different intent than the chamber load indicators and magazine disconnect mechanisms  mandated by the California legislature.

Whereas CLI and MDM requirements are effectuated by checking only a few examples of a particular handgun model, proving laws were effectuated by examining each firearm manufactured. Whereas proving laws supported the use of firearms for self-defense by ensuring the weapon worked properly and safely, the MDM requirement can actually work against the use of a handgun for self-defense because it will not fire without the magazine. Put simply, requiring each model of handgun to contain additional features to potentially help a user safely operate the handgun is completely different from ensuring that each firearm’s basic features were adequately manufactured for safe operation.

Bonta had also argued that several statutes governing the storage of gunpowder from the late 1700s and early 1800s were historically analogous to the CLI and MDM requirents, but Carney found fault there as well.

But the goals of gunpowder storage laws and the means used to achieve those goals are very different from those of the UHA’s CLI and MDM requirements. The main goal of the gunpowder storage laws was to prevent fire. The primary way they achieved this goal was to regulate where and how gunpowder could be stored and sold, and to allow searches to ensure compliance with those storage laws.

In contrast, the CLI and MDM requirements are meant to prevent inadvertent discharge or firing of the firearm. They achieve this goal by requiring particular safety features in handguns. How and why these regulations burden a law-abiding citizen’s right to armed self-defense are too different to pass constitutional muster.

When it came to the state’s microstamping mandate, Bonta took the position that the requirement was nothing more than an extension of laws requiring firearms to have serial numbers and “historical analogues sufficient to support the federal law prohibiting the possession of a firearm with an obliterated serial number are sufficient to support the microstamping requirement.”

Not so, says Carney.

Historical laws regarding serial numbers, and the historical analogues justifying serial numbers, do not impose anywhere close to the substantial burden on people’s Second Amendment right that the UHA’s microstamping provision does. The microstamping provision requires handguns to have a particular feature that is simply not commercially available or even feasible to implement on a mass scale.

…

More telling and in contrast to the requirement of a serial number, which has been universally and easily implemented by manufactures across the globe, not a single manufacturer has implemented microstamping technology, and indeed it is not feasible to implement such technology broadly. Because of this, not a single new model of semiautomatic handgun has been added to the Roster since the microstamping requirement was implemented in May 2013. Californians have not had access to new semiautomatic models of handguns since that date. The rest of the country, on the other hand, has access to handguns that over the years have become more ergonomic, durable, reliable, affordable, and possibly even safer.

It’s an excellent decision by Carney, but though it did not come with a stay allowing the law to remain in effect while the injunction is appealed the Ninth Circuit will almost certainly grant that one shortly after the state requests it. [Editor’s note – the decision did grant the state 14 days to appeal to the Ninth Circuit.] Given the state’s 10-day waiting period on gun sales I’m not sure we’re going to see the same massive “Freedom Week” effect that took place when California’s ban on “high capacity” magazine was halted for a few days back in 2019, but any and all “off-roster” guns already in stock at California FFLs are going to be in high demand for as long as the average citizen has the ability to purchase one.

****Update****

I just spoke with Chuck Michel, head of the California Rifle & Pistol Association, who says there won’t be any Freedom Week… at least not right away. With the state’s 14-day grace period to appeal Carney’s decision before it takes effect, Michel says he too believes the state will have requested and Ninth Circuit will have granted that stay before that two-week time period is through.

Filed Under: <![CDATA[Boland v. Bonta]]>, <![CDATA[California]]>, <![CDATA[CRPA]]>, <![CDATA[Gun Control]]>, <![CDATA[microstamping]]>, <![CDATA[Unsafe Handgun Act]]>, <![CDATA[Video]]>, Bearing Arms, News

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