Free Republic

Today the U.S. Supreme Court declined to hear a Second Amendment case challenging California's 10-day waiting period for firearms purchases. Writing in dissent, Justice Clarence Thomas faulted his colleagues for their "inaction" and for turning the Second Amendment into "a disfavored right in this Court." The case is Silvester v. Becerra. It arose when several lawful California gun owners, supported by the Calguns Foundation and the Second Amendment Foundation, filed a lawsuit claiming that the state's 10-day waiting period for firearms purchases is unconstitutional as applied to "those purchasers who already own a firearm or have a license to carry...

<p>The panel reversed the district court’s bench trial judgment and remanded for entry of judgment in favor of the state of California in an action challenging a California law establishing a 10-day waiting period for all lawful purchases of guns. The panel first stated that this case was a challenge to the application of the full 10-day waiting period to those purchasers who have previously purchased a firearm or have a permit to carry a concealed weapon, and who clear a background check in less than ten days. The panel held that the ten-day waiting period is a reasonable safety precaution for all purchasers of firearms and need not be suspended once a purchaser has been approved. The panel determined that it need not decide whether the regulation was sufficiently longstanding to be presumed lawful. Applying intermediate scrutiny analysis, the panel held that the law does not violate plaintiff’s Second Amendment rights because the ten-day wait is a reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase.</p>

The First District Court of Appeals has again denied pro-abortion efforts to block implementation of Florida’s 24-hour abortion waiting period. The American Civil Liberties Union, the abortion facility Gainesville Woman Care LLC, and Medical Students for Choice had filed suit against the law, claiming it infringed on both abortion seekers’ access to healthcare and right to privacy. A Leon County circuit court judge had initially granted an injunction, which was overturned by a three-judge panel of the First District in February. Now the full court has doubled down on that decision, ruling the circuit judge had failed to show an...

  After being diverted to the rules committee, the Wisconsin legislature passed SB 35 in the Assembly, obtained concurrence with the Senate (which had passed it previously) and sent it to Governor Walker for signature.   From cbslocal.com: Wisconsin Republicans moved within a step Tuesday of eliminating the state’s decades-old 48-hour waiting period for handgun purchases, pushing a bill that would wipe out the statutes through the state Assembly to Gov. Scott Walker’s desk. I have not been able to find a record of the final vote, but I believe that at least some Democrats voted for the bill.   At...

In JEFF SILVESTER v. KAMALA HARRIS, the United States District Court for the eastern District of California found that the 10 day waiting period to receive a firearm after a background check, was a violation of the second amendment for people who already owned a firearm (and could be shown to do so in the California database), who had a valid CCW license in California, or who owned a firearm and had a Certificate of Exemption (COE).  This is a significant win for restoration of second amendment rights in California.   The court gave the government of California 180 days...

An open letter to America's news media From: Alan Korwin, The Uninvited Ombudsman Re: The Batman Movie Massacre Our Forgotten Waiting Periods The Need for Gun-Control... Counseling Banning the Glock Really Small Bullets Copycat Heroes Media Culpability for Massacres Dear Media Colleagues, Guns can't seem to keep themselves out of the limelight. Urban shootings, outside the ghettos where most shootings take place, are now becoming national news. What changed? Why aren't we talking about waiting periods anymore? The media and the gun-control movement have abandoned waiting periods, but they used to be the holy grail. Why is that? It turned...

Propositions that are on the November 4, 2008 General Election Ballot* Bond MeasureProposition 1 SB 1856 (Chapter 697, 2002). Costa. Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century.** **Note: The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century was originally scheduled to appear on the November 2, 2004, General Election ballot. Subsequently, Senate Bill 1169, Chapter 71, Statutes of 2004, provided that it appear on the November 7, 2006, General Election ballot. However, most recently, Assembly Bill 713, Chapter 44, Statutes of 2006, provides for the submission of this Act on the November...

Changes since the last update: -------------------------------------------------------------------------------- 1310. (07-0081) Nonviolent Offenders. Sentencing, Parole and Rehabilitation. Statute. Qualified for the November 4, 2008 General Election 1326. (07-0094, Amdt. #1S) Criminal Penalties and Laws. Public Safety Funding. Statute. Qualified for the November 4, 2008 General Election 1304. (07-0066, Amdt. #1S) Renewable Energy. Statute. Qualified for the November 4, 2008 General Election 1298. (07-0068) Limit on Marriage. Constitutional Amendment. Qualified for the November 4, 2008 General Election Propositions that are on the November 4, 2008 General Election Ballot Bond MeasureSB 1856 (Chapter 697, 2002). Costa. Safe, Reliable High-Speed Passenger Train Bond Act for the...

The Missouri Supreme Court has upheld the state's 24-hour waiting period for abortions, a decision that turns the focus of the legal battle to federal court. The unanimous ruling Tuesday by Missouri's highest court focused on whether the 2003 law ran contrary to the state constitution. The judges rejected arguments that it was overly vague and deprived people of liberty and privacy rights. "It's a victory for the women of Missouri who find themselves in a crisis pregnancy but need the information and time to consider what's best for them," said Patty Skain, executive director of Missouri Right to Life....

SAF CALLS FOR ‘WAITING PERIODS’ ON PRESS FOLLOWING FATAL NEWSWEEK DEBACLE For Immediate Release: 5/16/2005 BELLEVUE, WA – More than 115 dead or injured, and now a lame “apology” from Newsweek; maybe it is time for the press to accept waiting periods before exercising its First Amendment rights in the same way the press has backed waiting periods on law-abiding Americans before exercising their Second Amendment rights. That’s the observation from the Second Amendment Foundation (SAF) now that Newsweek has acknowledged its report about the desecration of the Koran by soldiers at Guantanamo Bay was bogus. “I wonder if Newsweek,...

ATLANTA - Gov. Sonny Perdue gave his approval Tuesday to a 24-hour waiting period for women seeking abortions, a measure long pushed by his fellow Republicans but blocked by Democrats while they had control of the Legislature. The measure was approved in March by the first Legislature under Republican control in Georgia since Reconstruction. Perdue called it "a commonsense approach to a sensitive issue" and said it reflects "the mainstream values that Georgians share." With his signature, it became law and onlookers from the faith community, assembled in his office, applauded. The law requires a woman seeking an abortion to...

Analyzing the Effects of State Legislation on the Incidence of Abortion During the 1990s by Michael J. New, Ph.D. Center for Data Analysis Report #04-01   January 21, 2004 | | The 1990s saw both the election and re-election of a "pro-choice" President.1 However, the "pro-life" movement made considerable gains at the state and local levels. Survey data indicate that by the end of the decade, more people supported restrictions on abortion and fewer supported discretionary abortion.2Meanwhile, the actual number of abortions declined during the decade. For the 46 states reporting data to the Centers for Disease Control and...

SEATTLE - I was only gone a week. It seemed like such a brief time, until I started catching up on things. There was Seattle Mayor Greg Nickels thinking he could starve the homeless into submission by outlawing an evening feeding program. Someone must've explained what a dumbass he looked like because the mayor suddenly changed his mind. Meanwhile, tent city packed up and moved from Bothell to Woodinville. Some Greg Nickels wannabes went to court to try and block that move, claiming the city made a "rash" decision to allow the encampment on public land. They lost the legal...

PHOENIX - The governor vetoed legislation Thursday that would have forced a 24-hour delay between a woman being told the risks of abortion and actually being able to terminate the pregnancy. Gov. Janet Napolitano had the legislation on her desk only briefly before sending the five-paragraph veto letter. She cited various constitutional provisions, state laws and court rulings. "SB 1077 represents undue government intrusion into the relationship between a woman and her doctor, her family, her religious counselor, or whomever else she wishes to consult in making this most difficult of personal and medical decisions," the Democratic governor wrote. Napolitano...

WASHINGTON, Feb. 27 (UPI) -- Legislation mandating a one-day waiting period for abortions has been approved by Arizona Legislature over the threat of a gubernatorial veto. The Arizona House of Representatives gave its approval to the measure Thursday by a vote of 32 to 27. The bill now goes to the desk of Democratic Gov. Janet Napolitano, who promised during the 2002 campaign she would veto any such measure. The bill passed the Arizona Senate last week by a vote of 18 to 11. A Napolitano aide said the governor's position on the issue had not changed although he would...

On Thursday, the Texas Board of Health gave final approval to rules for the state's new informed consent abortion law. The rules include a requirement that a woman provide identification -- which would be kept on file. Abortion rights activists have criticized the proposal amid privacy concerns and questions about whether it's an attempt to intimidate women. A law that took effect Jan. 1 requires women to wait 24 hours before getting an abortion in Texas. The law also requires women be offered printed materials regarding fetal development and the risks of having an abortion. The rules apply to abortions...

Leap year brings tuition hikes, waiting period for abortion By JIM VERTUNO Associated Press Writer AUSTIN New college tuition rates and a 24-hour waiting period for women seeking abortions represent significant changes in Texas policy in 2004. After months of planning, the new laws take effect Jan. 1, rather than September, like most Texas laws. Other changes include a ban on driving on dry riverbeds and how insurers score credit ratings. The Republican-led Legislature loosened its grip on tuition-setting power to allow universities to set their own rates to offset $558 million in state cuts to higher education. Supporters appreciated...

A federal judge said Wednesday he will block a new Missouri law that would have required physicians to wait 24 hours after consulting a woman before performing an abortion. Senior U.S. District Judge Scott O. Wright plans to issue the temporary restraining order against the law on Friday -- one day before the abortion law was to take effect, said Wright's clerk. The decision came during a private telephone conference the judge held Wednesday with attorneys for the state and Planned Parenthood affiliates, who had challenged the law on grounds it is unconstitutionally vague and broad. The judge scheduled a...

<p>Women seeking an abortion in Missouri will now have to wait.</p> <p>The Missouri Senate voted 23-8 Thursday to override Gov. Bob Holden's veto of a bill requiring a 24-hour waiting period for all abortions.</p> <p>The Missouri House overrode the measure on Wednesday by a substantial margin.</p>

A bill that would require women seeking an abortion to wait 24 hours and be given pictures of fetuses before getting the procedure won strong preliminary approval Tuesday in the Texas House. House Bill 15, by state Rep. Frank Corte, R-San Antonio, passed 96-41 after two days of sometimes testy and emotional debate between Republican supporters and Democratic opponents. Passage of the bill, which is expected to get final approval today and move on to the Senate, was a coup for abortion opponents who have been trying to get a so-called informed consent law passed for several legislative sessions. Capitol...