The Lochner Era in Supreme Court History

OLYMPUS DIGITAL CAMERA
Prepare.
Preparation, then action!

What is Substantive Due Process?

From 1897 through 1937, the U.S. Supreme Court ruled on a number of cases involving economic issues where the court often struck down state regulations that restricted business owners. Child labor laws and minimum wage laws, for example, were held to violate the freedom of contract, a liberty interest under the 14th Amendment. The 14th Amendment guarantees life, liberty and property and requires due process under the law before state governments can invade such interests. At one time, the Court had consistently held that the 14th Amendment only guaranteed fundamentally fair procedural safeguards.

Continue reading “The Lochner Era in Supreme Court History”

Guns & Bibles: Protecting Children in Schools

“ To hear the ensuing debate about arming teachers and principals and security guards, I just want to go on the record with the board in saying I think that is one of the most irresponsible positions to take in this gun discussion.”

This what a Superintendent of schools stated after the Sandy Hook school shootings several years ago.

“I hate this conversation, I hate that it’s a necessary evil. What happened in Newtown…is just horrible. And having young children at home, and sitting and watching the TV, and seeing those photos with the names being called…with your children in the room, looking at the TV, and looking at you, and you’re fighting back the tears. You’re so thankful they’re sitting in that living room with you, and you’re not one of those parents. I can’t imagine what those parents feel like.” Continue reading “Guns & Bibles: Protecting Children in Schools”

Veterans Administration: Obama Administration’s Strategy for Stripping Vets of Gun Rights?

It is now widely known that veterans that receive VA checks via protective payees are to be stripped of their gun rights.  There are many reasons that a veteran may have someone receiving their paychecks.  The mere inability to handle financial affairs does not indicate that veterans are a threat to themselves or others and should not possess firearms.

Also, contrary to denials, a medical provider at the VA only has to report to the NICS that there is a mental health issue- such as suicidal thoughts- and veterans rights are being taken away without the benefit of a hearing or any due process. Although there is a procedure to get rights restored after a NICS prohibition, the process can become a Kafkaesque descent into bureaucratic-legal hell!

I-594 and NFA Gun Trusts

It is too early to know whether a gun trust will provide any protection from charges of violating I-594. The initiative does not provide any exception for temporary sharing of firearms with trustees names in an NFA Gun Trust. The federal exception for temporary transfers of NFA restricted items to trustees has been promulgated administratively by the BATF and is not binding on Washington State. Continue reading “I-594 and NFA Gun Trusts”

NICS Reverses Stand on Gun Rights for Domestic Violence Convictions in Washington

We will represent you in petitioning the court to restore your right to own firearms. At the present time, the federal government no longer considers a Washington State Fourth Degree Assault (DV) to be a prohibiting conviction. This a complete reversal because, up until a few months ago, the NICS would not recognize restoration of rights for non-felony domestic violence convictions entered in Washington State!

If you have a conviction in Washington, however, you still need to get your rights restored because you are prohibited from possessing firearms under state law. Nevertheless, this is very good news and applies even to people that have been previously denied for Assault 4 convictions in the past. The requirement is to have at least three years from the date the conviction was entered for domestic violence cases and five years for felony convictions. Continue reading “NICS Reverses Stand on Gun Rights for Domestic Violence Convictions in Washington”

I-594: Beware of Wolves in Billionaire’s Clothing

Initiative 594 is a proposed measure that its proponents claim will prevent mentally ill and other prohibited persons from obtaining firearms.

The campaign is being financed by former New York City Mayor Michael Bloomberg, Bill Gates, Nick Hanauer, Paul Allen and Steve Ballmer along with other leftist Billionaires. The anti-gun Bloomberg’s “grassroots” organization Everytown For Gun Safety filings with the Public Disclosure Commission reveal a $50 million action fund to support I-594.

Continue reading “I-594: Beware of Wolves in Billionaire’s Clothing”

FBI Clears Way for Restoration of Gun Rights After DV Conviction in Washington State

Until recently, anyone that had been convicted of a Fourth Degree Assault determined to be domestic violence in Washington State was in a tough position because the NICS did not recognize a Restoration of Rights for Washington state non-felony domestic violence convictions. State and federal laws on the subject of domestic violence and gun rights are very technical and you should schedule a legal consultation in order to look carefully at any convictions that you think resulted from allegations of domestic violence.

Many Washington State citizens with misdemeanor DV convictions who had their right to possess firearms restored were getting NICS denials. The intent of Congress has long been that a state court order restoring firearm rights should remove federal prohibitions on possessing firearms. Continue reading “FBI Clears Way for Restoration of Gun Rights After DV Conviction in Washington State”

NICS Reverses Stand on Gun Rights for Domestic Violence Convictions in Washington

The FBI-NICS no longer issues denials for most non-felony convictions for domestic violence entered in Washington State. This is based on the 2013 case of Descamps v U.S. Up until recently, anyone that had been convicted of a Fourth Degree Assault determined to be domestic violence in Washington State was in a tough position because the NICS did not recognize a Restoration of Rights for Washington state non-felony domestic violence convictions. State and federal laws on the subject of domestic violence and gun rights are very technical and you should schedule a legal consultation in order to look carefully at any convictions that you think resulted from allegations of domestic violence.

Continue reading “NICS Reverses Stand on Gun Rights for Domestic Violence Convictions in Washington”