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Westlake Legal Group > Posts tagged "fox-news/us/personal-freedoms/second-amendment" (Page 2)

Dana Loesch: It’s disturbing that gun control advocates find properly trained, armed civilians ‘bad’

Westlake Legal Group ENC3_132225753555320000 Dana Loesch: It's disturbing that gun control advocates find properly trained, armed civilians 'bad' fox-news/us/us-regions/southwest/texas fox-news/us/personal-freedoms/second-amendment fox-news/us/crime/mass-murder fox-news/us/crime fox-news/shows/tucker-carlson-tonight fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc Charles Creitz article 743c185b-1b93-5c4e-bc93-9db0e8a37035

Radio host and Second Amendment advocate Dana Loesch responded to critics of Jack Wilson, the Texas church congregant who killed an armed intruder during services last week.

Loesch said on “Tucker Carlson Tonight” Friday that gun control advocates and some media outlets are misguided to claim Wilson was in the wrong when he stopped the intruder, who killed two people at the church in White Settlement before he was killed by Wilson.

Host Tucker Carlson noted Arizona Republic columnist Elvia Diaz wrote in USA Today that she was “terrified” at the prospect so many civilians in the church were carrying guns.

He also played a clip of now-former 2020 Democratic presidential candidate Julian Castro claiming in September 2019 that “more guns are not the answer” to firearm violence.

USA TODAY HIT FOR OP-ED CLAIMING IT WAS ‘TERRIFYING’ THAT TEXAS CHURCHGOERS WERE ARMED

“This idea that a good guy with a gun is going to stop a bad guy with a gun, it doesn’t work that way,” the former San Antonio mayor claimed.

On Diaz’s column, Loesch remarked that she found it “horrifying” that the columnist would make such a claim.

“I find it horrifying that anyone at USA Today would actually find it horrifying to save lives, to defend innocent people,” she said. “My actual fear is that people find this bad.”

“Five other people [inside the church] also drew their lawfully carried, lawfully owned firearms and they held, they watched and waited and took in everything that was happening before them, which indicates a level of training and a skill set that shouldn’t horrify people,” she continued.

“In fact, it should encourage individuals because we were always told that if there is more than one firearm present in an area such as this, if there is a mass casualty incident or somebody armed comes into do murderous intent, that it would turn into the Wild West. It didn’t. It took Jack Wilson one shot and six seconds to neutralize this threat.”

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Loesch said it was important that armed civilians exercise their Second Amendment rights, be properly trained, and be prepared to defend themselves in dangerous situations.

“[W]e should encourage and empower people to do so instead of trying to shame them or smear them or malign their character. I find that disturbing,” she continued.

Loesch also pointed to the state of Maryland, claiming gun control laws passed in the state over the last 15 years have been part and parcel of the exponential spike in violence in the state’s largest city — Baltimore.

Westlake Legal Group ENC3_132225753555320000 Dana Loesch: It's disturbing that gun control advocates find properly trained, armed civilians 'bad' fox-news/us/us-regions/southwest/texas fox-news/us/personal-freedoms/second-amendment fox-news/us/crime/mass-murder fox-news/us/crime fox-news/shows/tucker-carlson-tonight fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc Charles Creitz article 743c185b-1b93-5c4e-bc93-9db0e8a37035   Westlake Legal Group ENC3_132225753555320000 Dana Loesch: It's disturbing that gun control advocates find properly trained, armed civilians 'bad' fox-news/us/us-regions/southwest/texas fox-news/us/personal-freedoms/second-amendment fox-news/us/crime/mass-murder fox-news/us/crime fox-news/shows/tucker-carlson-tonight fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc Charles Creitz article 743c185b-1b93-5c4e-bc93-9db0e8a37035

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Gun control standoff heats up in Virginia as ‘sanctuaries’ grow, big votes loom

Westlake Legal Group weapons Gun control standoff heats up in Virginia as 'sanctuaries' grow, big votes loom Sam Dorman fox-news/us/us-regions/southeast/virginia fox-news/us/personal-freedoms/second-amendment fox-news/person/ralph-northam fox news fnc/politics fnc f6d2349d-0ced-55bc-98c7-dab3779db5b2 article

A battle over gun control in Virginia with national implications is heating up as the legislature prepares to vote on sweeping new restrictions and localities band together to defy them in growing numbers.

Virginians turned out to debate the measures at public budget hearings on Thursday, less than a week before the General Assembly’s first legislative session of 2020. Both the Virginia Citizens Defense League (VCDL) and Gun Owners of America specifically warned about Democratic Gov. Ralph Northam’s related budget proposal, which directs $250,000 for the Department of Corrections to incarcerate people as a result of new restrictions.

MORE THAN 100 VIRGINIA CITIES, COUNTIES DECLARE THEMSELVES GUN SANCTUARIES AS DEMS PREPARE TO TAKE LEGISLATURE

Another measure included over $4 million and 18 “authorized positions” — part of an apparent team that Second Amendment groups warn could be used to enforce an assault weapons ban. The new General Assembly is expected to vote on two bills in particular – SB 18 and SB 16 – which would ban assault weapons, raise the minimum age of purchase to 21 and require background checks for any firearms transfer.

In the run-up to the session and following state elections in November, a defiant protest movement has taken shape that could influence similar movements in other states. More than 100 cities, towns and counties have passed “sanctuary” resolutions meant to flout an assault weapons ban and other proposals.

According to local outlets, activists on both sides of the debate raised concerns during a hearing in Suffolk.

“This is not about gun safety, public safety, or whatever you want to call it,” one speaker said, according to WTKR. “It’s about control of people based solely on a radical, political, extremist agenda.” The meeting in Suffolk was “packed,” according to WAVY, and included at least 100 speakers — although it’s unclear how many spoke about gun control.

Moms Demand Action, a pro-gun control group, pushed gun safety provisions. “We know that, as it has been proven, gun safety laws save lives,” a representative from the group reportedly said.

NEW MEXICO COUNTY BECOMES ‘SECOND AMENDMENT SANCTUARY’ IN PROTEST OF GUN CONTROL LEGISLATION

Other meetings took place in Manassas, Richmond, and Blacksburg on Thursday.

“We must be focused on making it more difficult for criminals to access firearms and addressing the behavior behind these instances of mass violence instead of infringing our American constitutional rights,” Rep. Rob Wittman, R-Va., told Fox News on Thursday.

“I am against the current laws put forth by the General Assembly to restrict firearm purchases and I will remain committed to preserving the right of all law-abiding individuals to purchase, possess, and use firearms.”

Yet Northam’s attorney general, Mark Herring, already rejected the notion that local resolutions would have any legal effect. “It is my opinion that these resolutions have no legal effect,” he said in an advisory opinion from Dec. 20.

FLORIDA GUN OWNERS, LAWYERS REACT TO LAKE COUNTY’S ‘SECOND AMENDMENT SANCTUARY’ RESOLUTION

“It is my further opinion that localities and local constitutional officers cannot nullify state laws and must comply with gun violence prevention measures that the General Assembly may enact.”

Nearly a week later, the VCDL issued a memo denouncing Herring’s opinion.

“This radical view is demonstrably false, and ignores the significance of the fact that local officials are required by law to take an oath to support the federal and state constitutions above the laws enacted by the General Assembly,” the group said in a memo dated Dec. 26.

The memo framed sanctuary resolutions as attempts to avoid conflict, but again warned that localities wouldn’t cooperate if the General Assembly implemented the new restrictions.

“However, Second Amendment Sanctuary Resolutions announce that, should the government in Richmond act lawlessly, then local officials and the People they represent will not cooperate and may take steps to actively resist,” it read.

WALTER WILLIAMS: GUN RIGHTS ENDANGERED IN VIRGINIA

Neither the governor’s office nor the attorney general’s responded to Fox News’ request for comment. Gov. Northam struggled to push gun control through the previous General Assembly and has faced political backlash over infamous photos showing him in blackface during his youth. However, as the political establishment seemed to move past the controversy, it appeared as though Democrats were united on gun control before the 2020 session.

The debate could refocus 2020 races even more on the Second Amendment as the sanctuary movement gained traction in the state. One gun store reported a 200 percent increase in sales after Democrats won the legislature last year — a trend that many stores have historically seen with the prospect of new gun restrictions.

VCDL claimed that Thursday’s meetings, along with other local gatherings on the issue, saw substantial attendance. It’s unclear how many of the attendees were reacting to the gun control measures.

Virginia Democrats like Rep. Abigail Spanberger could feel the heat from voters as the GA activity fuels ever more sanctuary resolutions. As recently as the end of December, Fauquier County approved a measure opposing gun control legislation.

KEN PAXTON PRAISES LAW ALLOWING GUN OWNERS TO CARRY IN PLACES OF WORSHIP FOLLOWING CHURCH SHOOTING

According to a map from VCDL, much of Spanberger’s district has already approved those measures. “Rep. Spanberger is committed to protecting and upholding all of our constitutional rights, including our Second Amendment rights,” a Spanberger spokesperson told Fox News on Thursday.

“She is also committed to protecting the safety of families, children, and law enforcement officers across Central Virginia and the country — and therefore supports common-sense, gun violence prevention measures at the federal level, such as the bipartisan background checks legislation she helped pass earlier this year.”

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Spanberger’s office appeared to address potential conflicts between the state and localities, saying: “As a former law enforcement officer, Rep. Spanberger believes firmly in the rule of law — and as there are legal and jurisdictional challenges that may arise from the intended designation of special status zones in a Dillon Rule state such as Virginia, she will continue to engage with her constituents and closely observe the efforts of the localities she represents.”

The Dillon Rule refers to guidelines governing the relationship between state and local governments.

Westlake Legal Group weapons Gun control standoff heats up in Virginia as 'sanctuaries' grow, big votes loom Sam Dorman fox-news/us/us-regions/southeast/virginia fox-news/us/personal-freedoms/second-amendment fox-news/person/ralph-northam fox news fnc/politics fnc f6d2349d-0ced-55bc-98c7-dab3779db5b2 article   Westlake Legal Group weapons Gun control standoff heats up in Virginia as 'sanctuaries' grow, big votes loom Sam Dorman fox-news/us/us-regions/southeast/virginia fox-news/us/personal-freedoms/second-amendment fox-news/person/ralph-northam fox news fnc/politics fnc f6d2349d-0ced-55bc-98c7-dab3779db5b2 article

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More than 100 Virginia cities, counties declare gun sanctuaries as Dems prepare to take legislature

Westlake Legal Group 694940094001_6087654285001_6087653228001-vs More than 100 Virginia cities, counties declare gun sanctuaries as Dems prepare to take legislature Sam Dorman fox-news/us/us-regions/southeast/virginia fox-news/us/personal-freedoms/second-amendment fox news fnc/politics fnc b88bc7b9-a4b2-5d1a-9199-648e2d182c7e article

Dozens of Virginia counties and cities are declaring themselves Second Amendment sanctuaries in an apparent revolt against the legislature’s proposals for new firearm restrictions.

The movement appeared to gain so much steam that Virginia Attorney General Mark Herring issued an advisory opinion reminding residents that “sanctuary” resolutions had no legal effect.

“It is my opinion that these resolutions have no legal effect,” Herring said in a letter issued Friday. “It is my further opinion that localities and local constitutional officers cannot nullify state laws and must comply with gun violence prevention measures that the General Assembly may enact.”

The Associated Press reports that more than 100 cities, towns and counties have passed such resolutions.

NEW MEXICO COUNTY BECOMES ‘SECOND AMENDMENT SANCTUARY’ IN PROTEST OF GUN CONTROL LEGISLATION

The controversy came just before Democrats are expected to take control of both the Virginia Senate and House of Delegates for the first time since 1996. Gov. Ralph Northam already pledged to pass “common sense gun safety legislation” after Democrats’ election in November.

The new General Assembly could vote on two bills in particular — SB 18 and SB 16 — which, together, would ban assault weapons, raise the minimum age of purchase to 21 and require background checks for any firearm transfer.

“It’s just the invasion of someone’s personal rights,” Jim Wood, owner of a Staunton gun shop, told WHSV.

Wood told the Harrisonburg outlet that the Second Amendment “plainly states that we’re allowed to bear arms.”

“When they start picking apart at it, then all of a sudden it becomes the anti-gun laws that they’ve had in other countries,” he said.

FLORIDA GUN OWNERS, LAWYERS REACT TO LAKE COUNTY’S ‘SECOND AMENDMENT SANCTUARY’ RESOLUTION

The Virginia Citizens Defense League (VCDL), a gun rights group that provides a model resolution, claims that 85 of Virginia’s 95 counties have already approved so-called sanctuary measures. At least nine cities and 17 towns have done the same, the group said.

The group is also planning a protest for Jan. 20 on the steps of the Capitol. VCDL has posted pictures purportedly showing packed crowds at board of supervisors meetings for more than a dozen localities.

The resistance could reach law enforcement. Culpeper County Sheriff Scott Jenkins has already vowed to deputize citizens if Democrats pass gun control.

On Wednesday, VCDL posted a video showing a rapid increase in sanctuary resolutions since in November, when Democrats won their majority in the state’s General Assembly.

Localities across the United States — including in Florida, California, New Mexico and Washington — have passed or considered similar measures.

VIRGINIA SHERIFF VOWS DEPUTIZE RESIDENTS IN RESPONSE TO DEMOCRATS’ GUN LEGISLATION

VCDL’s model resolution refers to a number of  Constitutional provisions and Supreme Court decisions before calling out the potential for gun restrictions in Virginia.

“Certain legislation that has or may be introduced in the Virginia General Assembly, and certain legislation which has or may be introduced in the United States Congress could have the effect of infringing on the rights of law abiding citizens to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 13 of the Constitution of Virginia.”

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Northam seemed unphased by potential backlash in November. “I don’t think there’s anything to be afraid of,” he said, according to The Virginian-Pilot.

But according to VCDL president Phillip Van Cleave, Democrats have awakened a “sleeping giant.” The governor himself “declared war on Virginia’s gun owners,” Van Cleave said.

The Associated Press contributed to this report.

Westlake Legal Group 694940094001_6087654285001_6087653228001-vs More than 100 Virginia cities, counties declare gun sanctuaries as Dems prepare to take legislature Sam Dorman fox-news/us/us-regions/southeast/virginia fox-news/us/personal-freedoms/second-amendment fox news fnc/politics fnc b88bc7b9-a4b2-5d1a-9199-648e2d182c7e article   Westlake Legal Group 694940094001_6087654285001_6087653228001-vs More than 100 Virginia cities, counties declare gun sanctuaries as Dems prepare to take legislature Sam Dorman fox-news/us/us-regions/southeast/virginia fox-news/us/personal-freedoms/second-amendment fox news fnc/politics fnc b88bc7b9-a4b2-5d1a-9199-648e2d182c7e article

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Nevada homeowner arrested in shooting death of teen, claims he heard gunfire nearby: report

A homeowner in Nevada – who claimed he called police after hearing gunshots – was arrested early Friday after allegedly taking matters into his own hands before cops could arrive, using his own gun to fire at two 17-year-olds, killing one of them, a report said.

FIRST PERSON CHARGED UNDER FLORIDA ‘RED FLAG’ LAW FOUND GUILTY

Edward Croaker, 44, of Henderson, was arrested and charged with one count of open murder. He had called police to report that two males were outside shooting a gun near the rear of his home in the Las Vegas suburb, according to the Henderson Police Department.

Westlake Legal Group edward-croaker-mug Nevada homeowner arrested in shooting death of teen, claims he heard gunfire nearby: report fox-news/us/us-regions/west/nevada fox-news/us/personal-freedoms/second-amendment fox-news/us/crime/homicide fox-news/us/crime fox-news/travel/vacation-destinations/las-vegas fox news fnc/us fnc Danielle Wallace article 39c5c3e9-fd9e-5253-9298-794bc7a16a5d

Edward Croaker, 44, of Henderson, Nev, was arrested and charged with one count of open murder after allegedly killing gun-wielding teen outside his home. (Henderson Police Department)

Police responded before 1 a.m. to find two 17-year-old boys. One was pronounced dead at the scene, the second was not injured, Fox 5 Las Vegas reported. Croaker allegedly admitted that he opened fire, the report s aid. He also allegedly admitted that he thought he struck one of them.

Croaker was booked into the Henderson Detention Center.

The uninjured teen allegedly admitted to police that they had been “discharging a firearm” outside Croaker’s home. Officers located the gun and determined the firearm had been reported stolen by the Las Vegas Metropolitan Police Department. The gun was returned to the nearby department.

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Charges against the surviving teen were pending. The identities of the two teens were not immediately released. An investigation into the incident is ongoing.

Westlake Legal Group edward-croaker-mug Nevada homeowner arrested in shooting death of teen, claims he heard gunfire nearby: report fox-news/us/us-regions/west/nevada fox-news/us/personal-freedoms/second-amendment fox-news/us/crime/homicide fox-news/us/crime fox-news/travel/vacation-destinations/las-vegas fox news fnc/us fnc Danielle Wallace article 39c5c3e9-fd9e-5253-9298-794bc7a16a5d   Westlake Legal Group edward-croaker-mug Nevada homeowner arrested in shooting death of teen, claims he heard gunfire nearby: report fox-news/us/us-regions/west/nevada fox-news/us/personal-freedoms/second-amendment fox-news/us/crime/homicide fox-news/us/crime fox-news/travel/vacation-destinations/las-vegas fox news fnc/us fnc Danielle Wallace article 39c5c3e9-fd9e-5253-9298-794bc7a16a5d

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First person charged under Florida ‘red flag’ law found guilty

The first person to have his guns confiscated under Florida’s 2018 “red flag” law has been found guilty over his refusal to voluntarily surrender the weapons.

Jerron Smith, 33, now faces up to five years in prison after a jury in Broward County rejected his argument that he did not fully understand the new law. The jury returned the verdict Friday after a short trial.

Smith, of Deerfield Beach, was the subject of a risk protection order soon after the law was enacted in response to the Parkland high school mass shooting in February 2018.

Westlake Legal Group smith_gun First person charged under Florida 'red flag' law found guilty Robert Gearty fox-news/us/us-regions/southeast/florida fox-news/us/personal-freedoms/second-amendment fox-news/us/crime fox news fnc/us fnc e5276a3f-2d56-54c2-a3c1-9eba84f78c98 article

Jerron Smih, 31, of Deerfield Beach, Fla., had his AR-15 semiautomatic weapon confiscated, becoming the first person to have his guns seized under Florida’s 2018 “red flag” law.. (Broward County Sheriff’s Office)

NEW FLORIDA GUN LAW LEADS TO FIRST SEIZURE: AR-15 FROM ARMY VET CHARGED WITH ATTEMPTED MURDER

Smith owned an AR-15 rifle and a .22-caliber rifle which Broward deputies seized after his arrest in March 2018 on charges of firing six shots at a vehicle being driven by his best friend, according to reports.

Smith is facing trial on an attempted murder charge in connection with that incident. He was accused of firing at his friend with a Glock handgun that deputies also took, according to reports.

Florida’s “red flag” law allows authorities to obtain a court order to confiscate weapons from people who pose a danger to themselves and others. Florida is one of 15 states with such laws.

COLORADO ENACTS ‘RED FLAG’ LAW TO SEIZE GUNS FROM THOSE DEEMED DANGEROUS, PROMPTING BACKLASH

At the time Smith’s guns were seized, a local TV station, citing a neighbor, reported that Smith was an Army veteran.

“He spent a lot of money for his weaponry,” the neighbor, Lorenzo Brown, told WPLG-TV. “It’s crazy. You just got to live around here to know what’s going on.”

A sentencing date has not been set.

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The Florida Sun-Sentinel reported that the jury returned a verdict after less than an hour of deliberations.

The Associated Press contributed to this report.

Westlake Legal Group smith_gun First person charged under Florida 'red flag' law found guilty Robert Gearty fox-news/us/us-regions/southeast/florida fox-news/us/personal-freedoms/second-amendment fox-news/us/crime fox news fnc/us fnc e5276a3f-2d56-54c2-a3c1-9eba84f78c98 article   Westlake Legal Group smith_gun First person charged under Florida 'red flag' law found guilty Robert Gearty fox-news/us/us-regions/southeast/florida fox-news/us/personal-freedoms/second-amendment fox-news/us/crime fox news fnc/us fnc e5276a3f-2d56-54c2-a3c1-9eba84f78c98 article

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GOP’s Joni Ernst portrayed as gun-firing sniper in Democratic challenger’s campaign ad

The campaign of U.S. Sen. Joni Ernst, R-Iowa, blasted as “outrageous and offensive” a new campaign ad posted by her 2020 Democratic challenger Thursday that depicts Ernst as firing gunshots at him while he talks about gun control, climate change, health care and taking on President Trump.

In the ad, candidate Eddie Mauro, a businessman and congressional candidate in 2018, introduces himself as a “progressive Democrat” before telling viewers he decided to run for Ernst’s Senate seat in part because “our current senator, Joni Ernst, she thinks it’s OK to run ads glorifying guns.”

SENS. TIM SCOTT AND JONI ERNST: WHY WE BELIEVE SO STRONGLY IN THE POWER OF ‘OPPORTUNITY ZONES’

As Mauro speaks, the video repeatedly cuts to footage from a 2014 campaign ad for Ernst showing her shooting a gun at an indoor range. Then the ad cuts back and forth to Mauro as he walks through a field with bullets whizzing by, narrowly missing him before striking a fence post, the grass, barrels and other objects. The edits make it appear as though Ernst is firing the shots at him.

“She doesn’t seem to care that many of those guns will be pointed at our kids, our teachers, churchgoers, moviegoers, concertgoers, police officers,” Mauro said of Ernst. “Well, I care.”

After the ad went public, Ernst’s campaign posted a response on Twitter.

“It’s outrageous and offensive that @eddiejmauro would make light of gun violence in order to help his campaign,” came the statement posted under the “Team Joni” Twitter handle. “He should be ashamed and this disgusting ad should be taken down immediately.”

Later in his ad, Mauro takes aims at President Trump, referring to him as Ernst’s “boss in the White House” and the Trump agenda as a “non-stop assault on our climate, on our democracy, on decency, on what it means to be an American.”

“I’m the best Democrat to take on Joni and the Washington establishment,” Mauro adds. “I won’t take PAC money, I won’t accept the status quo. So, Joni Ernst, Mitch McConnell, Donald Trump, the NRA — you won’t like what I have to say.”

Westlake Legal Group AP19022538471377 GOP's Joni Ernst portrayed as gun-firing sniper in Democratic challenger's campaign ad fox-news/us/us-regions/midwest/iowa fox-news/us/personal-freedoms/second-amendment fox-news/politics/elections/senate fox-news/politics/elections/democrats fox-news/politics/elections fox news fnc/politics fnc Danielle Wallace article 73329b07-e3d3-58c3-874e-63d64731b34d

Sen. Joni Ernst, R-Iowa, speaks in Washington in an undated photo. (Associated Press)

Mauro defended pushback against the ad throughout the day Thursday through his Twitter account.

In separate tweets, Mauro also advocated for the Green New Deal and promised: “to stand up to hate, take down the NRA and to flip the Senate to a progressive majority.” The 56-year-old announced his 2020 Senate campaign in May. Last year, he lost a primary challenge for Iowa’s 3rd Congressional District to U.S. Democratic Rep. Cindy Axne, the Des Moines Register reported.

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Ernst, 49, is a native Iowan who served in the Iowa National Guard for more than two decades and spent 12 months in Kuwait in 2003-04 before retiring in 2015 as a lieutenant colonel. Before going to Washington in January 2015, she served as an Iowa state senator.

The divorced mother of an adult daughter made national headlines earlier this year when she revealed that she was raped by an abusive former boyfriend while she was a college student. During her divorce proceedings, Ernst also claimed that her estranged husband had been physically and verbally abusive.

Mauro also is a native Iowan, living in Des Moines with his wife and two children. He has served as a teacher and a coach in addition to running a small business, according to his campaign website.

Mauro is among four Democrats hoping to face Ernst in the general election next November. The others are Theresa Greenfield, Kimberly Graham and Michael Franken.

Westlake Legal Group eddie-mauro-ad GOP's Joni Ernst portrayed as gun-firing sniper in Democratic challenger's campaign ad fox-news/us/us-regions/midwest/iowa fox-news/us/personal-freedoms/second-amendment fox-news/politics/elections/senate fox-news/politics/elections/democrats fox-news/politics/elections fox news fnc/politics fnc Danielle Wallace article 73329b07-e3d3-58c3-874e-63d64731b34d   Westlake Legal Group eddie-mauro-ad GOP's Joni Ernst portrayed as gun-firing sniper in Democratic challenger's campaign ad fox-news/us/us-regions/midwest/iowa fox-news/us/personal-freedoms/second-amendment fox-news/politics/elections/senate fox-news/politics/elections/democrats fox-news/politics/elections fox news fnc/politics fnc Danielle Wallace article 73329b07-e3d3-58c3-874e-63d64731b34d

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Judge Andrew Napolitano: Supreme Court considering important gun rights case

Westlake Legal Group 694940094001_6111105373001_6111101230001-vs Judge Andrew Napolitano: Supreme Court considering important gun rights case fox-news/us/personal-freedoms/second-amendment fox-news/us/constitution fox-news/politics/judiciary/supreme-court fox-news/politics/judiciary fox-news/opinion fnc/opinion fnc Creators Syndicate article Andrew Napolitano 496f0118-4ebe-5ac5-9cce-08e88e9a7baa

In a 2008 case called District of Columbia v. Heller, and again in a 2010 case called McDonald v. City of Chicago, the Supreme Court definitively interpreted the Second Amendment.

That amendment was written, the court ruled in both cases, to mandate the obligation of the federal government, as well as cities and states, to recognize, respect and permit the exercise of the right to self-defense, using the same level of technology as might be used against someone in the home. Stated differently, the high court twice held in the past 11 years that the right to own and keep and — if necessary — to use a gun in the home is a personal pre-political right.

“Pre-political” has a long and fascinating history. Its literal meaning is that whatever it is describing — here, the right to own a gun — preexisted the political order. It preexisted the government and the Constitution. So, where did it come from? That’s like asking where free thought and free speech came from. The right to self-defense is a natural human right, like thought and speech. We cannot be complete human beings enjoying life and liberty and pursuing happiness without the right to repel those who would harm us.

BERNIE SANDERS CALLS GUN BUYBACKS ‘UNCONSTITUTIONAL’ AT RALLY: IT’S ‘ESSENTIALLY CONFISCATION’

The court also ruled that the Second Amendment would be meaningless if it failed to protect the right to own and use weapons for self-defense of the same level of sophistication as an adversary — whether agents of a tyrant or a mob of thugs or a deranged killer.

One would expect that cities and states should have enacted laws to facilitate the exercise of that right. Instead, many have done the opposite, and none as absurd as New York City. There, the government enacted a bizarre ordinance that prohibited lawful gun owners from transporting their guns to any place outside city limits.

The practical effect of such a law prohibited the transportation of an unloaded gun to a shooting range or gun shop or private home outside the city. It also forced those gun owners who wished to remain skilled in the use of guns to practice their use only at any of three dingy, poorly equipped and out-of-the-way gun ranges in the Bronx.

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A group of New York City gun owners challenged the law as a material interference with their Second Amendment rights. Some of the owners had second homes in New Jersey and elsewhere in New York state where the ownership of their New York City-licensed guns is legal, but they could not lawfully transport their guns out of New York City.

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After the ordinance challenge failed in a federal district court and again in a federal appellate court in Manhattan, the gun owners asked for permission to appeal to the Supreme Court, which was granted. Then the city, fearing a reversal and invalidation of its ordinance, repealed the ordinance and enacted a new one in its place.

The new ordinance permitted transportation of New York City-licensed guns to places outside of the city where the guns are lawful, but required the owners to transport them there without stopping, in one complete trip. Can one stop for coffee, or for nature, or to visit mom? No.

Does any of this sound as if the government of New York City recognizes and respects the right to keep and bear arms? Of course not. So, why did the city change its gun ordinance? Why did it give the gun owners at the last minute before their case was to be heard almost all they sought? Because of the doctrine of “standing.”

“Standing” is a constitutional requirement of the existence of real adversity between litigants. Federal courts do not hear theoretical cases. They are required by the Constitution to hear cases and controversies in which the moving party can show that real harm has been caused by the responding party.

So, at the time of oral argument in the Supreme Court earlier this week, there was no such adversity between the gun owners and the city because the ordinance that the owners challenged no longer exists. Thus, the city asked the court to dismiss the appeal. Under usual circumstances, the court would do so.

In a famous New Jersey case, the lawyers finished oral argument before the Supreme Court and on their way out of the courthouse settled the case. That quick and amicable settlement divested the court of jurisdiction over the case because there was no longer a controversy and no one had standing to bring the appeal.

Will the New York City gun owners suffer the same fate? Perhaps not. There is a little-known and rarely used exception to the standing requirement — a judge-made exception — that holds that if a dispute repeatedly comes to the Supreme Court or if lower federal courts are repeatedly misinterpreting a Supreme Court decision, the Supreme Court will hear an appeal to stop the repeated appeals or to correct lower court misunderstandings, even if there is no adversity between the parties.

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Have lower federal courts been misinterpreting the Heller and McDonald cases? Yes. By one study, they have ruled 96 percent of the time in favor of city and state gun restrictions in the home and against the pre-political nature of the right to self-defense.

Are there constitutional implications in this case beyond standing? Yes. Heller and McDonald uphold the right to keep and bear arms only in and around one’s home. If the gun owners in this New York City case prevail, that right could be extended to public places outside the home, where police acknowledge that armed and well-trained civilians are most valued today. Even New York City would need to respect that.

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Westlake Legal Group 694940094001_6111105373001_6111101230001-vs Judge Andrew Napolitano: Supreme Court considering important gun rights case fox-news/us/personal-freedoms/second-amendment fox-news/us/constitution fox-news/politics/judiciary/supreme-court fox-news/politics/judiciary fox-news/opinion fnc/opinion fnc Creators Syndicate article Andrew Napolitano 496f0118-4ebe-5ac5-9cce-08e88e9a7baa   Westlake Legal Group 694940094001_6111105373001_6111101230001-vs Judge Andrew Napolitano: Supreme Court considering important gun rights case fox-news/us/personal-freedoms/second-amendment fox-news/us/constitution fox-news/politics/judiciary/supreme-court fox-news/politics/judiciary fox-news/opinion fnc/opinion fnc Creators Syndicate article Andrew Napolitano 496f0118-4ebe-5ac5-9cce-08e88e9a7baa

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Supreme Court to take up first gun rights case in nearly a decade

The U.S. Supreme Court, in its first gun rights case in nearly a decade, will hear arguments Monday from Second Amendment advocates challenging a New York City law that restricts licensed holders to a handful of shooting ranges within the city.

Gun rights groups are hoping the high court will extend its landmark rulings from 2008 and 2010 that enshrined the right to have a gun for self-defense at home.

The National Rifle Association (NRA) and its allies have for years tried to get the court to say more about gun rights.

Westlake Legal Group 7a2abc95-AP19333570215969 Supreme Court to take up first gun rights case in nearly a decade fox-news/us/us-regions/northeast/new-york fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/new-york-city fox-news/politics/judiciary/supreme-court fox news fnc/us fnc c1ad5828-00e2-56e0-9607-8b2f2e97db6f Bradford Betz article

The Supreme Court is set to hear arguments on a gun rights case for the first time in nearly a decade.  (AP)

The lawsuit in New York began as a challenge to the city’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits, either to a shooting range or a second home.

Lower courts upheld the regulation, but the Supreme Court’s decision in January to step into the case signaled a revived interest in gun rights from a court with two new Trump-appointed justices: Neil Gorsuch and Brett Kavanaugh.

Gun control advocates at both the city and state levels scrambled to find a way to remove the case from the justices’ grasp. Not only did the city change its regulation to allow licensed gun owners to transport their weapons to locations outside New York’s five boroughs, but the state enacted a law barring cities from imposing the challenged restrictions.

AFTER FLORIDA COUNTY BECOMES ‘2ND AMENDMENT SANCTUARY,’ OTHERS IN STATE WANT TO FOLLOW SUIT

“There is no case or controversy because New York City has repealed the ordinance and the New York State Legislature has acted to make sure it remains repealed,” said Jonathan Lowy, chief counsel and vice president of the gun control group Brady’s Legal Alliance.

But those moves failed to get the Supreme Court to dismiss the case.

Paul Clement, who represents three New York residents and New York’s NRA affiliate challenging the transportation ban, said New York City “still views firearm ownership as a privilege and not a fundamental right, and is still in the business of limiting transport and denying licenses for a host of discretionary reasons.”

The city had contended that what it calls its “former rule” did not violate the Constitution. But that is unlikely to persuade the court’s conservative majority.

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A decision is expected by late June.

The Associated Press contributed to this report.

Westlake Legal Group AP19333570215969 Supreme Court to take up first gun rights case in nearly a decade fox-news/us/us-regions/northeast/new-york fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/new-york-city fox-news/politics/judiciary/supreme-court fox news fnc/us fnc c1ad5828-00e2-56e0-9607-8b2f2e97db6f Bradford Betz article   Westlake Legal Group AP19333570215969 Supreme Court to take up first gun rights case in nearly a decade fox-news/us/us-regions/northeast/new-york fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/new-york-city fox-news/politics/judiciary/supreme-court fox news fnc/us fnc c1ad5828-00e2-56e0-9607-8b2f2e97db6f Bradford Betz article

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Supreme Court to take up first gun rights case in nearly a decade

The U.S. Supreme Court, in its first gun rights case in nearly a decade, will hear arguments Monday from Second Amendment advocates challenging a New York City law that restricts licensed holders to a handful of shooting ranges within the city.

Gun rights groups are hoping the high court will extend its landmark rulings from 2008 and 2010 that enshrined the right to have a gun for self-defense at home.

The National Rifle Association (NRA) and its allies have for years tried to get the court to say more about gun rights.

Westlake Legal Group 7a2abc95-AP19333570215969 Supreme Court to take up first gun rights case in nearly a decade fox-news/us/us-regions/northeast/new-york fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/new-york-city fox-news/politics/judiciary/supreme-court fox news fnc/us fnc c1ad5828-00e2-56e0-9607-8b2f2e97db6f Bradford Betz article

The Supreme Court is set to hear arguments on a gun rights case for the first time in nearly a decade.  (AP)

The lawsuit in New York began as a challenge to the city’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits, either to a shooting range or a second home.

Lower courts upheld the regulation, but the Supreme Court’s decision in January to step into the case signaled a revived interest in gun rights from a court with two new Trump-appointed justices: Neil Gorsuch and Brett Kavanaugh.

Gun control advocates at both the city and state levels scrambled to find a way to remove the case from the justices’ grasp. Not only did the city change its regulation to allow licensed gun owners to transport their weapons to locations outside New York’s five boroughs, but the state enacted a law barring cities from imposing the challenged restrictions.

AFTER FLORIDA COUNTY BECOMES ‘2ND AMENDMENT SANCTUARY,’ OTHERS IN STATE WANT TO FOLLOW SUIT

“There is no case or controversy because New York City has repealed the ordinance and the New York State Legislature has acted to make sure it remains repealed,” said Jonathan Lowy, chief counsel and vice president of the gun control group Brady’s Legal Alliance.

But those moves failed to get the Supreme Court to dismiss the case.

Paul Clement, who represents three New York residents and New York’s NRA affiliate challenging the transportation ban, said New York City “still views firearm ownership as a privilege and not a fundamental right, and is still in the business of limiting transport and denying licenses for a host of discretionary reasons.”

The city had contended that what it calls its “former rule” did not violate the Constitution. But that is unlikely to persuade the court’s conservative majority.

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A decision is expected by late June.

The Associated Press contributed to this report.

Westlake Legal Group AP19333570215969 Supreme Court to take up first gun rights case in nearly a decade fox-news/us/us-regions/northeast/new-york fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/new-york-city fox-news/politics/judiciary/supreme-court fox news fnc/us fnc c1ad5828-00e2-56e0-9607-8b2f2e97db6f Bradford Betz article   Westlake Legal Group AP19333570215969 Supreme Court to take up first gun rights case in nearly a decade fox-news/us/us-regions/northeast/new-york fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/new-york-city fox-news/politics/judiciary/supreme-court fox news fnc/us fnc c1ad5828-00e2-56e0-9607-8b2f2e97db6f Bradford Betz article

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After Florida county becomes ‘2nd Amendment sanctuary,’ others in state want to follow suit

TAVARES, Fla. – Earlier this month, a Florida county became the state’s first so-called “Second Amendment sanctuary,” passing a resolution strengthening gun rights and rejecting calls for gun control. Now, at least three other counties are considering following suit.

Elected officials in Wakulla, Sarasota and Clay counties said they also want to protect the Second Amendment in their regions and want to propose a law that would let people keep their guns. It would mimic Lake County’s resolution, approved Nov. 5, that officials there say stands behind the Second Amendment.

“I’m a big fan of what Lake County did, and I’m proposing the same resolution in Clay County. With Beto [O’Rourke] saying he’s going to take people’s guns away, I think it’s important that, as community leaders, we stand with our citizens and reaffirm that the Second Amendment is not negotiable,” Gavin Rollins, a Clay County Commissioner said. “This is going set off a ripple effect.”

Westlake Legal Group Firearms After Florida county becomes '2nd Amendment sanctuary,' others in state want to follow suit fox-news/us/us-regions/southeast/florida fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/orlando fox-news/politics/2020-presidential-election fox-news/news-events/florida-school-shooting fox news fnc/politics fnc f8ecf1c3-8db4-560d-9685-073a91e8c410 Elina Shirazi article

Other Florida jurisdictions may follow Lake County’s lead. Elected officials in Wakulla and Sarasota counties are now considering similar measures. (Elina Shirazi)

The proposals come as Florida has become a key battleground on gun control following three mass shootings the past four years. Following the latest shooting, at Stoneman Douglas High School in Parkland in February 2018, which killed 17 people, a wave of gun control activists in the state rushed to Washington and Tallahassee to demand tougher gun-control laws. The June 2016 Pulse nightclub shooting in Orlando killed 49 people and the Fort Lauderdale airport shooting in January 2017 killed five people.

The shootings prompted activists to push for stronger gun laws. But now, smaller jurisdictions in the state seem to be fighting back, demanding that lawmakers let them keep their firearms. Sarasota County is getting ready to vote on the issue on Tuesday afternoon.

“I am excited to bring up the Second Amendment Sanctuary County Resolution because you usually only hear from Second Amendment supporters reactively on defense, rather than pro-actively on offense,” said Sarasota County Commissioner Christian Ziegler. “With our Second Amendment rights, guaranteed to us by our Constitution, under attack at all levels of government, I believe it is important for the Sarasota County Commission to make it clear — to the citizens we represent — where their local government stands on this issue.”

The resolution in Lake County, which is near Orlando, passed the county commission with a unanimous 4-0 vote. It states that the federal government “cannot compel law enforcement officers to enforce federal laws as it would increase the power of the federal government far beyond that which the constitution intended.”

Westlake Legal Group hands After Florida county becomes '2nd Amendment sanctuary,' others in state want to follow suit fox-news/us/us-regions/southeast/florida fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/orlando fox-news/politics/2020-presidential-election fox-news/news-events/florida-school-shooting fox news fnc/politics fnc f8ecf1c3-8db4-560d-9685-073a91e8c410 Elina Shirazi article

Commissioner Josh Blake said county residents overwhelmingly support the resolution, including members of law enforcement. (Elina Shirazi)

Lake County Commissioner Josh Blake, the brainchild behind the resolution, called it a response to gun buybacks and assault weapon ban proposals by Democratic presidential candidates, including O’Rourke, who is no longer running. O’Rourke said at a September presidential debate, “Yes, we are going to take your AR-15, your AK-47!”

“The Second Amendment is the one that protects everything else. This is a right that we have that distinguishes us from almost every country on the globe. That our government trusts us to defend ourselves. We can defend our families and our homes with the weapon of our choice,” Blake said.

The resolution, which passed the county commission with a unanimous 4-0 vote, states that the federal government “cannot compel law enforcement officers to enforce federal laws as it would increase the power of the federal government far beyond that which the constitution intended.”

Blake said county residents overwhelmingly support the resolution, including members of law enforcement.

“When I heard a wide swath of the Democratic presidential candidates in debates calling for national gun confiscation, weaponized local law enforcement to go door to door and take weapons, legally owned weapons from their friends and neighbors, I thought we can’t let that happen,” he said. “That’s not fair to the men and women who work in local law enforcement. It’s certainly not fair to law-abiding citizens who would be affected by this, and I think Lake County needed to hear us stand up and say, we’ve got your back.”

FLORIDA GUN OWNERS, LAWYERS REACT TO LAKE COUNTY’S ‘SECOND AMENDMENT SANCTUARY’ RESOLUTION

Those trying to prevent gun violence say lax gun laws won’t cut it in a state that has seen some of America’s deadliest mass shootings.

Westlake Legal Group Pulse-nightclub After Florida county becomes '2nd Amendment sanctuary,' others in state want to follow suit fox-news/us/us-regions/southeast/florida fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/orlando fox-news/politics/2020-presidential-election fox-news/news-events/florida-school-shooting fox news fnc/politics fnc f8ecf1c3-8db4-560d-9685-073a91e8c410 Elina Shirazi article

The Pulse Nightclub shooting in Orlando left 49 dead. (Elina Shirazi)

“We need to be preventing these shootings, not making it easier for dangerous people to use firearms … they are concerned about the gun-grabbing, is what they are calling [it], what they should be concerned about is our rampant gun violence which is happening almost daily in this country,” said Patricia Brigham, the co-founder of the Florida Coalition to Prevent Gun Violence.

Municipalities in at least eight other states have adopted similar rules, including Alaska, Arizona, Idaho, Kansas, South Dakota, Tennessee, Utah and Wyoming.

Westlake Legal Group Gun-protection-laws After Florida county becomes '2nd Amendment sanctuary,' others in state want to follow suit fox-news/us/us-regions/southeast/florida fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/orlando fox-news/politics/2020-presidential-election fox-news/news-events/florida-school-shooting fox news fnc/politics fnc f8ecf1c3-8db4-560d-9685-073a91e8c410 Elina Shirazi article

Other counties have adopted similar rules, in addition to at least eight states. Those states include Alaska, Arizona, Idaho, Kansas, South Dakota, Tennessee, Utah and Wyoming (Elina Shirazi)

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A Wakulla County commissioners in Florida said he also plans to take up a resolution making the county a Second Amendment sanctuary.

“Protecting ourselves and our families is the most basic and most important right that we possess,” said Ralph Thomas, a Wakulla county commissioner. “Our Founding Fathers drafted the Second Amendment so clearly and succinctly that no interpretation is required. Yet, attempts to distort it, or eliminate it, persist.”

Blake said that counties have to stand up for gun rights, and he’s glad others in the state plan to follow suit.

“I think that the more people stand up,” Blake said, “the more constituent government bodies that stand up and say to the federal government, ‘Don’t do this, don’t go there, this is America, this isn’t happening here,’ I think that will have an impact.”

Westlake Legal Group Gun-owner After Florida county becomes '2nd Amendment sanctuary,' others in state want to follow suit fox-news/us/us-regions/southeast/florida fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/orlando fox-news/politics/2020-presidential-election fox-news/news-events/florida-school-shooting fox news fnc/politics fnc f8ecf1c3-8db4-560d-9685-073a91e8c410 Elina Shirazi article   Westlake Legal Group Gun-owner After Florida county becomes '2nd Amendment sanctuary,' others in state want to follow suit fox-news/us/us-regions/southeast/florida fox-news/us/personal-freedoms/second-amendment fox-news/travel/vacation-destinations/orlando fox-news/politics/2020-presidential-election fox-news/news-events/florida-school-shooting fox news fnc/politics fnc f8ecf1c3-8db4-560d-9685-073a91e8c410 Elina Shirazi article

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