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Proposed Law Would Fine Ohio Cities Into Obeying Firearms Laws

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This is from Ammo Land.

I say Bravo to the State of Ohio for standing up to

the regimes in the anti gun cities.

I am glad to see the loophole in the law being closed.

These anti gun regimes have been abusing the law.

 

Arizona -(Ammoland.com)- As with most states, Ohio pre-empts  local governments from enacting gun ordinances that are stricter than state law.

To allow such laws would make the exercise of second amendment rights a legal minefield, as it would be practically impossible to keep up with hundreds of variations in the law that could make a perfectly legal act on one side of the street a serious crime on the other side.

Cleveland challenged the law in 2010, claiming that “home rule” prevented the state from restraining the cities power.   The Ohio supreme court upheld earlier  rulings in favor of state authority to protect second amendment and state constitutional rights.

Many local governments continued to keep laws that infringed on second amendment rights on the books, producing a chilling effect on the exercise of those rights.   A provision in the statute provided for the recovery of costs and attorney’s fees when cities were sued, to provide incentive for them to follow the law.

Several cities changed their local ordinances as a result.   But some cities learned to exercise a loophole in the law in order to discourage further lawsuits.  They refused to change the law, fighting the effort in court until the last minute, wasting city resources and costing those challenging their illegal practices as much money as possible.  Then, before a court ruling was made, they would repeal the statute, preventing the plaintiff from recouping any costs or attorney’s fees.

As part of a number of reforms Ohio gun laws proposed in House Bill 203, the bill would change to law to close this loophole.

Once sued, cities would be subject to a $100 a day fee if they lost the lawsuit or repealed the ordinance.

While $100 a day is only a fraction of the cost of one city worker per day,  it provides some reimbursement of the costs of funding the lawsuit and provides and incentive to prevent the city from delaying the action as long as possible.

Other reforms included in House Bill 203 include reform of Ohio self defense law to bring it into concurrence with most other states (Stand Your Ground provision),  and reforms of the Ohio Concealed Carry permit law.

©2013 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

About Dean Weingarten;
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973.  He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation

Read more: http://www.ammoland.com/2013/12/proposed-law-would-fine-ohio-cities-into-obeying-firearms-laws/#ixzz2mkrl4FWw
Under Creative Commons License: Attribution

 

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Federal action sought on ‘stand your ground’ laws

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This is from The Hill.

The problem Holder and Obama have with the

Stand Your Ground Laws too many of Obama’s sons 

are getng shot trying to rob and rape decent people.

 

A group of congressional Democrats pressed the Justice Department Tuesday to gather new data about the effects of so-called “stand your ground” laws on public safety.

Roughly two dozen states have adopted laws authorizing citizens to use deadly force if threatened, even if they could retreat instead.

The statutes have been the subject of intense debate since volunteer neighborhood watchman George Zimmerman fatally shot 17-year-old Trayvon Martin last year, even though Zimmerman did not rely on Florida’s stand your ground law in his defense.

President Obama and Attorney General Eric Holder have called for reconsideration of the laws and whether they encourage violence.

 

Echoing those concerns, seven lawmakers issued a letter to Holder Tuesday, asking him to direct the Justice Department to adjust the definition of the term “justifiable homicide” in order to capture all cases involving stand your ground laws.

The group is also seeking data on other variables of such killings, including their location, information about who in the altercation was armed, the kind of weapons used and reasons they were justified.

“We believe this information would prove extremely useful in helping to evaluate the laws that govern the use of lethal force and in quantifying the impact of such laws on public safety and civil rights,” the lawmakers wrote to Holder.

Signatories on the letter were Sens. Dick Durbin (D-Ill.) and Mazie Hirono (D-Hawaii), along with Reps. Elijah Cummings (D-Md.), John Conyers Jr. (D-Mich.), Luis Gutiérrez (D-Ill.), Bobby Scott (D-Va.) and Marcia Fudge (D-Ohio).

The lawmakers are also asking the Justice Department to sponsor research through the National Institute of Justice related to trends in justifiable homicides and state-by-state analyses of the impacts of different variations of “stand your ground” laws.

Durbin, citing existing research, said the laws have led to increased violence.

“But the federal government does not collect adequate data on these laws’ impact,” he said. “That must change.”

While the agency has authority to research the matter, the federal government is largely powerless to stop states from passing or enforcing the laws.

 

Jesse Jackson Sues Georgia Over State’s “Stand Your Ground” Law, Claims It Is Racist Against Blacks…

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This is from Weasel Zippers.

Jessie The Race Baiter Jackson is looking for 15 more

minutes of fame.

I hope he gets embarrassed and counter sued.

Sadly many politicians are afraid of Jackson and

will bend over backwards appease him.

 

Even though SYG laws disproportionally benefit blacks.

(Reuters) – A national coalition led by the Reverend Jesse Jackson Sr. is seeking to have Georgia’s “Stand Your Ground” statute ruled unconstitutional, arguing in a federal lawsuit filed late Monday that the law discriminates against minorities.

The 2006 law, which allows citizens to use deadly force in self-defense if they feel threatened, harms black people because they are often perceived by society as more dangerous than other racial groups, Jackson’s Rainbow PUSH Coalition said in the suit filed in Atlanta.

“All Georgians, and particularly those of color, will be compelled to at all times prove that they are not taking part in any action which may lead an individual to form a ‘reasonable belief’ that they are posing a threat to them,” the suit said.

Robert Patillo, lead attorney for the plaintiffs, said he believed the coalition’s legal challenge was the only pending federal lawsuit in the country against a state “Stand Your Ground” law.

The laws came under new scrutiny after the 2012 death of Florida teenager, Trayvon Martin. Police in the central Florida town of Sanford initially declined to arrest shooter George Zimmerman, citing that state’s Stand Your Ground law and evidence that the unarmed Martin was getting the better of Zimmerman in a struggle when Zimmerman drew his gun and fired.

Martin was black, and Zimmerman is white and Hispanic. Zimmerman was later charged in the shooting death of the unarmed Martin but was acquitted by a jury of second-degree murder.

 

Gun rights expert, economist makes case against racism narrative surrounding ‘stand your ground’ laws

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This is from Real Clear Politics.

The race hustlers say Stand Your Ground equals a license

for whites to hunt blacks.

But the facts prove that Stand Your Groud has been used

By more blacks in Florida than whites.

 

 

‘Stand your ground’ laws in states like Florida have drawn scrutiny for the perceived racial disparity with which they’re used in the criminal justice system. A prominent economist and gun policy expert made an effort to rebut that narrative before a Senate panel Tuesday, saying that in fact blacks stand the most to gain from these self-defense statutes.

Testifying at a high-profile Senate Judiciary subcommittee hearing that included the mothers of Trayvon Martin and Jordan Davis, John R. Lott, Jr., president of the Crime Prevention Research Center, contended that it appears “all people benefit” from stand your ground laws when taking data into account. And contrary to arguments that the laws have a discriminatory effect, they benefit black Americans in particular, Lott said.

“Poor blacks who live in high-crime urban areas are not only the most likely victims of crime, they are also the ones who benefit the most from stand your ground laws,” Lott provided in his testimony. “The laws make it easier for them to protect themselves when the police can’t be there fast enough. Therefore, rules that make self-defense more difficult disproportionately impact blacks.”

As evidence, Lott took figures from the Tampa Bay Times that frequently have been used to criticize the effects of stand your ground laws and put them into broader context.

“In Florida, for example, in contrast to the [Trayvon] Martin and [Jordan] Davis cases, there are 15 cases where black men, who were being threatened, defended themselves and successfully relied on this law in their defense, with their charges either being dropped or they were acquitted,” according to Lott’s testimony. He also crunched data to find that 69 percent of blacks in Florida who raised a stand your ground defense in court were not convicted, compared to just 62 percent of whites.

Still, stand your ground opponents were unconvinced during the hearing. Sen. Dick Durbin (D-Ill.), the subcommittee’s chairman, leaned on separate data from the Urban Institute alleging the policy’s bias — data that Lott has criticized on technical grounds – in attacking stand your ground laws. Durbin said that the statutes have the opposite effect of deterring violent situations or functioning as instruments of legitimate self-defense.

“This law is an invitation for confrontation,” Durbin said.

Sybrina Fulton, the mother of slain teenager Trayvon Martin, and Lucia McBath, the mother of another teenager, Jordan Davis, who was fatally shot outside a gas station in a separate circumstance, agreed with Durbin’s assessment at the hearing. Regardless of the non-role that stand your ground played in the trial of George Zimmerman, Fulton said that “this law does not work” in light of his acquittal. McBath made an emotional plea to the committee to resolve the larger issue, saying that ”even the Wild West had more stringent laws governing the taking of life than we have now.”

Harvard law professor Ronald S. Sullivan, Jr., who also testified against stand your ground before the panel Tuesday, put his argument in pointed terms.

“[The law] tells Floridians that they can incorrectly profile young black children, kill them, and be protected by stand your ground laws,” Sullivan said.

Lott disagrees with the premise of such characterizations.

“Racism shouldn’t be tolerated. Yet, precisely because of its seriousness, false accusations of racism are also unacceptable,” Lott provided in his testimony. “Those making explosive claims of racism  should carefully back up their claims.”

Sen. Ted Cruz (R-Texas), the ranking member of the panel, concurred.

“This is not about inflaming racial tensions,” Cruz said. “This is about the right of everyone to protect themselves and protect their families.”

In that vein, Republicans wondered Tuesday why Senate Democrats were focused on disparaging stand your ground laws while failed economic policies have been such culprits in harming black families.

“While Senate Democrats mobilize to discuss ‘Stand Your Ground’ Laws, I hope they also plan to rally around black youth facing dwindling opportunities and job prospects across the country,” Orlando Watson, Republican National Committee Communications Director for Black Media, said in a statement. “With more than 10 million black Americans living below poverty level, why aren’t Senate Democrats also holding hearings on the impact their disastrous policies have had on the black community?”

 

 

Photo of the Day, Year

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Hat Tip to Socialism is not the Answer.

 

 

Photo of the Day, Year

Jon McNaughton – Stand Your Ground

 

Jesse Jackson refuses to apologize, Fla. governor shuts him out

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This is from BizPac Review.

I say bravo to Governor Rick Scott(R-Fl.) for shutting Jessie out.

There is not a single reason to allow Jackson and private conversation.

Governor Scott needs to stand strong against this race baiting thug .

After spending the night at the state Capitol with protesters, the Rev. Jesse Jackson refused to comply with Gov. Rick Scott’s request for an apology to Floridians after the civil rights activist called the Sunshine State the “Selma of our time.”

Instead, Jackson stood by the remarks on Wednesday, saying he prefers to have a private conversation with the governor, according to a statement from the governor’s office.

“It’s disappointing that Jesse Jackson refused to apologize yesterday for his insulting and inflammatory comments about Floridians,” Scott said. “Instead, he doubled down on his divisive and reckless remarks. Without an official, public apology from Jesse Jackson to the people of Florida, any conversation would only reward him for making – and then doubling down – on his irresponsible insults.”

The protesters, calling themselves the Dream Defenders, have occupied the Capitol building for two weeks, demanding a special session to repeal Florida’sStand Your Ground Law. But the governor is standing by his refusal to call lawmakers back to Tallahassee.

In the wake of George Zimmerman’s acquittal in the Travyon Martin case and liberal backlash against the Stand Your Ground law, Jackson referred to Florida as an “apartheid state” and called for its boycott.

See related articles here:

Jesse Jackson: Boycott Florida as an ‘apartheid state’

Fla. governor demands Jesse Jackson apologize for divisive insults

 

Rep. Jackson Lee introduces bill to cut funds to stand-your-ground states

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This is from The Daily Caller.

Moon Bat Shelia Jackson Lee strikes again.

Hopefully this bill will fail once more.

She is so damned stupid to know the Zimmerman case was

not about Stand Your Ground.

It was about self defense from the dope smoking thug

Trayvon Martin.

Why should we have to retreat from such a thug?

 

Rep. Sheila Jackson Lee reintroduced the Justice Exists for Us All Act to Congress Wednesday.

The bill, which the Texas Democrat stated is a response to the acquittal of George Zimmerman in the shooting death of Trayvon Martin, would pressure states to drop stand-your-ground laws, which assert that citizens can use force for self-defense rather than being required to retreat from dangerous situations.

Under the Justice Exists proposal, states that didn’t amend their stand-your-ground laws and require a “duty to retreat” would face a 20 percent cut to previously allocated funds.

Additionally, to avoid the cut in funds, states would have to require local neighborhood watch programs to register with local law enforcement.

Jackson Lee’s press secretary Mike McQuerry reiterated to The Daily Caller that Congresswoman Lee is pushing the bill now because “she’s always been interested in what happened with Trayvon.”

However, Zimmerman waived his right to a defense under Florida’s stand-your-ground law. When TheDC pointed this out, McQuerry said merely, ”She just thinks it’s the right time to pursue it now.”

Florida’s stand-your-ground law has benefited African-Americans at a rate disproportionate to the size of the state’s black population.

Read more: http://dailycaller.com/2013/07/24/dem-congresswoman-introduces-bill-to-cut-funds-to-stand-your-ground-states/#ixzz2a1M0VQrZ

 

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