July 20, 2015; In the wake of the tragic shootings at a military support center in Chattanooga, TN, Rep. Scott DesJarlias of Tennessee seeks to repeal the ban on military personnel carrying firearms at recruitment stations and on base. The proposed legislation is titled “Enhancing Safety at Military Installation Act.” The ban is the result of a combination of Pentagon policy and the Posse Comitatus Act of 1878, which prohibits the federal government from using military personnel for domestic law enforcement. In addition to Rep. DesJarlias’s proposal, at least six state governors have called for National Guardsmen in their states to be armed in wake of the Chattanooga shooting.
Maine to Allow Concealed Carry Without a Permit
Gov. Paul LePage of Maine signed a bill into law that will allows concealed carry of a pistol or handgun without a permit in Maine. Once it takes effect in October 2015, Maine joins Alaska, Arizona, Arkansas, Kansas, Vermont and Wyoming as “constitutional carry” states that do not require permits to carry a firearm. A summary of the law can be found here.
California Court Declines to Enjoin California Law Prohibiting Firearms-Related Speech
In Tracy Rifle and Pistol LLC et al. v. Harris et al., Case No. 2:14-cv-0262-TLN-DAD (E.D. Cal.), firearm retailers in California seek to enjoin the state from enforcing California Penal Code s. 26820, which prohibits the display of handguns or placards advertising the sale of handguns outside of a firearms store. The plaintiff’s in the suit had either been cited for violating the statute or wished to place such advertisements on their store, and claimed that the statute violated their First Amendment Free Speech Rights. On plaintiff’s motion for a preliminary injunction, the State of California argued that the prohibition on speech was justified in that it furthered the State’s interest in reducing handgun-related crimes by limiting “impulse” handgun purchases that may occur as a result of handgun advertising outside of retail outlets. The court concluded that the State did not meet their burden in establishing a basis for its “impulse buy” argument, however the court still declined to preliminarily enjoin the enforcement of the statute because the balance of the equities did not weigh in favor of a preliminary injunction, as requiring the plaintiffs to wait until the case was fully litigated would cause plaintiffs only minimal harm. A copy of the court’s order can be found here.
Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments
Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on this website. Any questions you may have about these developments should be directed to John F. Renzulli or Christopher Renzulli.