#Maryland Concealed Carry Permit Class

[ptpgunmedia]

Maryland Concealed Weapons Permit: Key Facts for Applicants

If you’re considering carrying a concealed weapon in Maryland, understanding the legal landscape and application process is essential. Carrying a concealed firearm responsibly requires knowledge, preparation, and compliance with Maryland’s specific laws. This post is designed to give you clear, actionable information about the Maryland Concealed Weapons Permit so you can confidently navigate the steps ahead.

What Is a Maryland Concealed Weapons Permit?

A Maryland Concealed Weapons Permit (CWP), sometimes called a concealed carry permit, is a state-issued authorization that allows you to carry a concealed handgun in public. Unlike open carry, where the firearm is visible, concealed carry keeps your weapon out of sight, giving you both discretion and legal protection.

In Maryland, a permit is mandatory for concealed carry. Without it, carrying a concealed handgun is illegal and can lead to serious criminal penalties.

Who Can Apply for a Maryland Concealed Weapons Permit?

Before you start the application, it’s important to know if you’re eligible. Maryland has strict criteria to ensure only responsible individuals can carry concealed firearms.

You must:

Be at least 21 years old.

Be a U.S. citizen or legal resident.

Have no felony convictions or certain misdemeanor convictions.

Not be subject to any protective or restraining orders.

Be free of substance abuse issues.

Complete all required training, including the Handgun Qualification License (HQL) course.

Provide a “good and substantial reason” for wanting the permit, which typically means demonstrating a clear need for self-protection.

The state evaluates each application carefully to protect public safety.

Understanding Maryland’s “Good and Substantial Reason” Requirement

Unlike some states with more lenient standards, Maryland requires applicants to prove a legitimate reason to carry a concealed weapon. Examples include:

Documented threats to your personal safety.

Employment that requires you to carry valuables or large sums of money.

Professional duties such as law enforcement or security.

Other verifiable safety concerns.

This requirement means you’ll need to submit a detailed explanation and, in some cases, supporting documents or references when you apply.

How to Prepare for Your Maryland Concealed Weapons Permit Application

Before submitting your application, make sure you have everything in order. Preparation is key to avoid delays or denials.

1. Complete the Handgun Qualification License (HQL)

Maryland law requires all concealed carry applicants to hold a valid HQL. This means you must complete a certified firearms safety training course covering laws, safety, and live-fire training. The HQL course ensures you understand responsible handgun ownership and handling.

2. Gather Required Documentation

Prepare these documents to accompany your application:

Proof of Maryland residency (driver’s license, utility bill, etc.).

HQL certificate.

Proof of fingerprinting through authorized vendors.

A detailed letter explaining your “good and substantial reason.”

Character references, if applicable.

Any relevant documentation supporting your safety concerns.

3. Get Fingerprinted and Undergo Background Checks

Maryland requires applicants to submit fingerprints electronically through LiveScan vendors. This process enables thorough criminal background checks, mental health checks, and verification of eligibility.

✅ Sign up here

Ready to start your training? 👉 Sign up here with PTPGun for the Handgun Qualification License course, a critical first step for your concealed carry permit.

The Application Process: Step-by-Step

Knowing the steps ahead will help you navigate the permit application efficiently.

Step 1: Complete Your HQL Training

Before applying for your CWP, complete your HQL through a certified provider like PTPGun.

Step 2: Prepare Your Application Packet

Complete the Maryland State Police application form carefully, attach all supporting documents, and pay the required fees.

 

Step 3: Submit Fingerprints and Background Information

Schedule fingerprinting with a LiveScan vendor. Submit your prints and wait for the background check to complete.

Step 4: Await Approval or Denial

The Maryland State Police review your application thoroughly. Processing can take several weeks, depending on the volume and complexity of applications.

Step 5: Receive Your Permit

If approved, you will receive your concealed weapons permit. Keep it with you whenever you carry your concealed handgun.

What You Should Know About Maryland Concealed Carry Laws

Holding a permit is only part of your responsibility. You must understand how to carry legally in Maryland:

Concealed weapons can only be carried on your person or in a locked container within a vehicle.

Certain locations prohibit firearms even if you have a permit (schools, government buildings, etc.).

You must comply with all laws regarding use of force, self-defense, and reporting incidents involving firearms.

Always keep your permit and ID with you when carrying.

Why Training with PTPGun Makes a Difference

Your success in obtaining and responsibly using your Maryland Concealed Weapons Permit starts with solid training. At PTPGun, we provide:

Expert-led Handgun Qualification License (HQL) courses aligned with Maryland state requirements.

Comprehensive coverage of firearm safety, laws, and practical skills.

Friendly, accessible instructors dedicated to your learning.

Flexible scheduling to fit your busy life.

Assistance with understanding application procedures beyond training.

When you choose PTPGun, you’re investing in quality education and legal compliance.

Don’t delay your path to responsible concealed carry. 🔒 Enroll today with PTPGun and get prepared for your Maryland Concealed Weapons Permit.

Common Mistakes to Avoid When Applying

To maximize your chances of approval and avoid delays, watch out for these common pitfalls:

Incomplete Applications: Missing documents or signatures can cause rejection.

Weak Reason Statements: Be clear and detailed about your safety concerns.

Ignoring Training Requirements: The HQL is mandatory and must be completed through certified providers.

Skipping Fingerprinting: Without properly submitted fingerprints, your application won’t move forward.

Failing to Understand Restrictions: Know where you can and cannot carry once you have the permit.

Being thorough and informed will save you time and stress.

After You Get Your Maryland Concealed Weapons Permit

Once you hold your permit, your responsibility continues:

Keep your permit current and renew it before expiration.

Continue practicing safe firearm handling and storage.

Stay updated on any legal changes affecting concealed carry.

Report any lost or stolen firearms promptly.

Carry your permit and ID anytime you have your handgun concealed.

Your commitment to responsibility ensures your safety and the safety of those around you.

Questions about the Maryland Concealed Weapons Permit or the training process? 📞 Contact us at PTPGun — we’re here to support you every step of the way.

Final Thoughts

Applying for a Maryland Concealed Weapons Permit is a serious commitment. It requires time, effort, and responsible behavior. But with the right knowledge and training, you can meet the state’s requirements and carry your handgun legally and confidently.

Taking the time to complete your training, prepare your application carefully, and understand Maryland’s laws will set you up for success.

Take action now

👉 Sign up here for the Maryland Handgun Qualification License with PTPGun, your trusted firearms training partner.

🔒 Enroll in our expert-led courses and get the comprehensive preparation you need.

📞 Contact us to clarify any questions and receive guidance tailored to your situation.

By choosing PTPGun, you’re choosing responsible, effective, and legally compliant firearm ownership in Maryland. Start your journey today!

Original Source: https://ptpgunmedia.blogspot.com/2025/06/maryland-concealed-weapons-permit-key.html

[beardedmrbean]

A bill passed in the South Carolina Senate on Thursday would allow gun owners to carry their weapon in public without a concealed carry permit and would provide free firearms training.

The bill was approved by a 28-15 vote after nearly two weeks of debate surrounding concerns from some lawmakers and law enforcement officials over the open carry aspect. The addition of free firearms training is what led to a compromise and ultimately ended the debate.

The proposal now returns to the House, where representatives will need to agree to the Senate's addition of the free firearms training, and other changes, in order for the bill to make it to Gov. Henry McMaster's desk. 

If signed into law, South Carolina will join 27 other states – including nearly every one in the Deep South – that allow open carry without a permit.

MARYLAND BILL WOULD BAN GUN CARRY FOR OWNERS WITHOUT INSURANCE POLICY OF AT LEAST $300K

The Senate's amendments to the bill also include a required statewide advertising campaign to inform South Carolinians of the free concealed weapons permit training classes while also informing residents that guns can be carried openly by those over 18.

The proposed bill does not change the fact that convicted felons cannot legally carry guns and also keeps places like hospitals, schools and the Statehouse gun-free zones. Gun owners would also not be allowed to carry in other businesses that have decided to ban weapons.

The bill also includes new state penalties of at least five years when a felon is convicted of a crime using a gun, enhanced penalties for those convicted of carrying a gun in prohibited areas, and up to three additional years in prison for someone convicted of a gun crime who has not taken the concealed weapons permit class.

Republican Senate Majority Leader Shane Massey said the bill probably would not have passed the Senate without the aforementioned changes, according to The Associated Press. Though he does not have a formal estimate on how much it will cost the state per year to host at least two free training classes per week in all 46 counties, he guessed it would be at least $4 million based on the number of concealed weapons permits issued in South Carolina each year.

CALIFORNIA JUDGE BLOCKS GUN CONTROL LAW REQUIRING BACKGROUND CHECKS FOR AMMO PURCHASES

Republican Sen. Shane Martin celebrated the bill passing in the chamber and said allowing open carry has been a goal of his since he was elected to his position in 2008.

"I don’t think it's going to cause as many problems as they think it’s going to because the one thing we have to remember is the criminals are always going to be carrying," the senator from Spartanburg County said, adding that the bill wasn't exactly what he wanted, but the compromises were needed for it to pass.

Sen. Mia McLeod, an independent who often votes with Democrats, said she is concerned the bill will turn South Carolina into the "Wild, Wild West" with "no licenses, no training [and] inadequate background checks."

Law enforcement leaders have expressed worry over people carrying guns without training or experience, and the possibility of encountering armed people at a shooting scene and not being able to determine who is a threat and who is trying to help.

The concerns from law enforcement are what initially caused many Republican lawmakers to question the bill.

[mspfirearmstraining]

Firearms Training Requirements and Certification Process in Maryland

If you’re considering owning or carrying a firearm in Maryland, you need to understand the state's strict training and certification process. Maryland has some of the most structured firearms laws in the U.S., and whether you're applying for a Handgun Qualification License (HQL), a Wear and Carry Permit, or just want to feel more confident and responsible as a gun owner, proper training is essential. This guide walks you through what you need to know and do.

Why Firearms Training Is Mandatory in Maryland

Maryland law mandates firearms training for anyone seeking to legally purchase, own, or carry a handgun. This requirement isn't just a legal formality—it's designed to ensure you understand firearm safety, Maryland laws, and how to handle a gun responsibly. The ultimate goal is to reduce gun-related accidents and promote a safer environment for all residents.

What Is the Handgun Qualification License (HQL)?

Before you can purchase a handgun in Maryland, you must obtain a Handgun Qualification License (HQL). This license proves that you have received certified training and passed a background check.

Who Needs an HQL?

You need an HQL if you:

Are purchasing, renting, or receiving a handgun in Maryland.

Are not a law enforcement officer or military member on active duty.

Are not exempted based on previous qualifications or roles (some retired officers are exempt).

HQL Training Requirements

To qualify for an HQL, you must complete at least four hours of firearms training from a state-approved instructor. This training includes:

Classroom Instruction on Maryland firearms laws, home firearm safety, and handgun mechanisms and operation.

Live-Fire Component requiring you to shoot a minimum of one round, under supervision.

This course is designed for all levels, whether you're a first-time gun owner or someone who hasn’t had formal training in years. If you’re unsure where to begin, MSP Firearms Training offers HQL classes regularly with licensed instructors who simplify every aspect of the training process.

Wear and Carry Permit (Concealed Carry)

In addition to the HQL, if you want to carry a concealed handgun, you must apply for a Maryland Wear and Carry Permit. This permit requires a more advanced level of training and documentation.

Training for the Wear and Carry Permit

To apply, you must complete:

Sixteen (16) hours of firearms training from a certified instructor.

Two hours of renewal training every two to three years (depending on the permit's expiration).

This course is more in-depth than the HQL training. It covers:

Defensive shooting techniques

Maryland law as it pertains to use-of-force

De-escalation techniques

Firearm cleaning and maintenance

Range practice with instructor assessment

Whether you’re a business owner, private citizen, or security personnel, this permit is a major responsibility. Enroll in MSP Firearms Training to receive clear, concise instruction that prepares you for real-life situations.

Certification Process Step by Step

Here’s a breakdown of the full certification process:

Step 1: Register for Training

Find a Maryland State Police (MSP)-certified training center. Sign up here with MSP Firearms Training, which offers both HQL and Wear and Carry Permit courses taught by certified instructors.

Step 2: Complete Your Training

Attend the full training session. Make sure it includes both classroom instruction and range time. You’ll need to:

Pass a basic written knowledge test (for HQL)

Show basic shooting proficiency on the range

Follow instructor guidance and safety protocols at all times

Step 3: Submit Your Application

After training, apply through the Maryland State Police Licensing Portal. Upload your training certificate and complete the necessary forms. You’ll need:

A valid photo ID

Fingerprints (taken by a state-approved agency)

A passport-sized photo

Proof of residency (like a utility bill or lease)

Step 4: Wait for Approval

Maryland typically processes HQL applications within 30 days. Wear and Carry Permits may take a bit longer due to additional background checks and review.

Step 5: Receive Your License

Once approved, you’ll receive your license by mail. Keep it secure, and always carry it when legally carrying a firearm.

Click This: Don’t Skip Range Practice

Many people underestimate how much skill is required to handle a firearm safely. It’s not just about aim—it’s about control, decision-making, and knowing how your weapon works. Click this if you want to schedule hands-on range training with MSP Firearms Training, even if you’ve already completed your certification.

Common Mistakes to Avoid

Skipping Legal Study – Knowing how Maryland law applies to you is essential. Not knowing can lead to legal trouble.

Choosing Uncertified Instructors – Always ensure your trainer is recognized by MSP.

Letting Permits Expire – Stay on top of renewal dates and retraining requirements.

Neglecting Practice – Real skill comes from repetition. Use your range time wisely.

Not Updating Information – If your address changes or you're involved in any disqualifying incidents, update your license immediately.

Learn More

Taking your firearms training seriously is one of the best things you can do as a gun owner. You’re not just meeting legal requirements—you’re also preparing yourself to protect your family and community responsibly. If you’re ready to take the next step, learn more about what MSP Firearms Training can offer for both new and experienced shooters.

Why Choose MSP Firearms Training?

MSP Firearms Training is a trusted name in Maryland firearms education. Here’s why:

Certified Instructors with years of real-world experience

Up-to-date curriculum based on current Maryland laws

Flexible class times for working professionals

Hands-on instruction that builds real confidence

Support with applications and renewals

Whether you’re taking your first step toward firearm ownership or renewing a long-held permit, MSP Firearms Training is your go-to source for high-quality, professional instruction.

Final Thoughts

Firearms training in Maryland is more than a box to check—it’s a lifelong commitment to safety, legal awareness, and personal responsibility. From getting your Handgun Qualification License to preparing for concealed carry, every step in the process matters.

You now have a clear path to follow—just make sure to choose the right trainers, follow the legal process carefully, and maintain your skills regularly. If you're ready to move forward, don't wait. Enroll today with MSP Firearms Training and take your first responsible step toward firearms ownership.

Original Source:  https://mspfirearmstraining.blogspot.com/2025/06/firearms-training-requirements-and.html

[askthescp-4050-instances]

Laws in America probably caused by Adrian

Alabama It is illegal to drive a car blindfolded. Bear wrestling matches are prohibited. It is illegal to impersonate a person of the clergy. It is illegal to maim oneself to escape duty. You must have windshield wipers on your car. You may not have an ice cream cone in your back pocket at any time. It is illegal to sell peanuts in Lee County after sundown on Wednesday. Dominoes may not be played on Sunday. It is illegal to wear a fake moustache that causes laughter in church. Putting salt on a railroad track may be punishable by death. Boogers may not be flicked into the wind. It is legal to drive the wrong way down a one-way street if you have a lantern attached to the front of your automobile. No person may spit on the floor of a church. It is illegal to bike, roller-skate, skateboard, or inline skate in a commercially zoned area.

Alaska While it is legal to shoot bears, waking a sleeping bear for the purpose of taking a photograph is prohibited. It is considered an offense to push a live moose out of a moving airplane.

Arizona Hunting camels is prohibited. Any misdemeanor committed while wearing a red mask is considered a felony. There is a possible 25 years in prison for cutting down a cactus. It is a Class 2 misdemeanor if one places a mark upon a flag which is “likely to provoke physical retaliation”. It is illegal to manufacture imitation cocaine. When being attacked by a criminal or burglar, you may only protect yourself with the same weapon that the other person possesses. It is unlawful to refuse a person a glass of water. You may not have more than two dildos in a house. No one is permitted to ride their horse up the stairs of the county court house. One must be 18 years old to buy spray paint.

Arkansas It’s strictly prohibited to pronounce “Arkansas” incorrectly. Oral sex is considered to be sodomy. Alligators may not be kept in bathtubs. It is illegal to kill “any living creature”. No one may "suddenly start or stop" their car at a McDonald's. It is considered disturbing the peace if you honk near a sandwich shop after 9:00 PM. Flirtation between men and women on the streets of Little Rock may result in a 30-day jail term. It is unlawful to walk one’s cow down Main Street after 1:00 PM on Sunday.

California You may only throw a frisbee at the beach in Los Angeles County, CA with the lifeguard’s permission. Sunshine is guaranteed to the masses. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale. No vehicle without a driver may exceed 60 miles per hour. Bathhouses are against the law. Nobody is allowed to ride a bicycle in a swimming pool. You are not permitted to wear cowboy boots unless you already own at least two cows. It is illegal to spit, except on baseball diamonds.

Colorado One may not mutilate a rock in a state park. It is illegal to ride a horse while under the influence. Tags may be ripped off of pillows and mattresses. Throwing missles at cars is illegal. Establishments which sell alcohol must have enough lighting to read text inside them. Catapults may not be fired at buildings. It is legal to challenge a police officer, but only until he or she asks you to stop. It is illegal to permit ones llama to graze on city property. Boulders may not be rolled on city property. It is illegal to bring your horse or pack mule above the ground floor of any building.

Connecticut Town records may not be kept where liquor is sold. You can be stopped by the police for biking over 65 miles per hour. It is illegal to discharge a firearm from a public highway. It is unlawful to walk backwards after sunset. Only white Christmas lights are allowed for display. You aren’t allowed to cross a street while walking on your hands. You may not educate dogs. The use of a bean whistle in public is prohibited. Silly string is banned.

Delaware “R” rated movies shall not be shown at drive-in theaters. One may not lay down on the beach at night. You may not change clothes in their car. It is illegal to have a picnic on a highway. No person shall pretend to sleep on a bench on the boardwalk.

Florida The state constitution allows for freedom of speech, a trial by jury, and pregnant pigs to not be confined in cages. One may not commit any “unnatural acts” with another person. Unmarried couples may not commit “lewd acts” and live together in the same residence. Corrupting the public morals is defined as a nuisance, and is declared a misdemeanor offense. It is illegal to sell your children. Oral sex is illegal. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle. Penalty for horse theft is death by hanging. It is illegal to sing in a public place while attired in a swimsuit. Men may not be seen publicly in any kind of strapless gown. It is illegal to skateboard without a license.

Georgia You cannot live on a boat for more than 30 days during the calendar year, even if just passing through the state. The term “sadomasochistic abuse” is defined so broadly, that it could possibly be applied to a person handcuffing another in a clown suit. All sex toys are banned. It is illegal to use profanity in front of a dead body which lies in a funeral home or in a coroners office. Signs are required to be written in English. All citizens must own a rake. If you want to read your favorite book in public to your friends, do it before 2:45 AM. Goldfish may not be given away to entice someone to enter a game of bingo. Owners of mules may not allow their animal to roam around Athens unsupervised. Persons under the age of 16 may not play pinball after 11:00 PM. It is illegal for one to make a disturbing sound at a fair.

Hawaii Coins are not allowed to be placed in one’s ears.

Idaho You may not fish on a camel’s back. Riding a merry-go-round on Sundays is considered a crime. Residents may not fish from a giraffe’s back. If a police officer approaches a vehicle and suspects that the occupants are engaging in sex, he must either honk, or flash his lights and wait for three minutes before approaching the car. Bicycles are not allowed in the tennis courts. The carrying of concealed weapons is forbidden, unless some are exhibited to public view.

Illinois It is forbidden to fish while sitting on a giraffe’s neck. Kites may not be flown within the city limits. It is forbidden by law to eat in a place that is on fire. It is illegal to hang “obstructions” form the rear view mirror, including fuzzy dice, air fresheners, GPS units, etc. In the Pullman area, it is illegal to drink beer out of a bucket while sitting on the curb. It is illegal to give a dog whiskey. It is legal to protest naked in front of city hall as long as you are under seventeen years of age and have legal permits.

Indiana Anyone 14 or older who profanely curses, damns or swears by the name of God, Jesus Christ or the Holy Ghost, shall be fined one to three dollars for each offense, with a maximum fine of ten dollars per day. State government officials who engage in private duels can be dismissed from their post. Mustaches are illegal if the bearer has a tendency to habitually kiss other humans. Hotel sheets must be exactly 99 inches long and 81 inches wide. It is illegal for a man to be sexually aroused in public. One may not sniff glue.

Iowa It is a crime to use a dead person’s handicapped parking sign or license plate. Kisses may last for no more than five minutes. It is a violation of the law to sell or distribute drugs or narcotics without having first obtained the appropriate Iowa drug tax stamp. Horses are forbidden to eat fire hydrants. One must obtain written permission from the City Council before throwing bricks into a highway. All softball diamond lights must be turned off by 10:30 PM.

Kansas Rabbits may not be shot from motorboats. It is illegal to drive one's car through a parade. No one may sing the alphabet on the streets at night.

Kentucky Dogs may not molest cars.

Louisiana You will be fined $500 for sending people a surprise pizza “Fake” wrestling matches are prohibited. Spectators at a boxing match may not mock one of the contestants. You can be jailed for up to ten years for stealing an alligator. It is illegal to rob a bank and then shoot at the bank teller with a water pistol. Biting someone with your natural teeth is “simple assault,” while biting someone with your false teeth is “aggravated assault”. It is illegal to gargle in public places. It is illegal to shoot lasers at police officers. One may not “dare” another to go onto railroad tracks owned by another. It is illegal to steal a “movable” even if it classified as an “immovable”. Rituals that involve the ingestion of blood, urine, or fecal matter are not allowed. One could land in jail for up to a year for making a false promise. Every time a person is seriously burned, he must report the injury to the fire marshal. Prisoners who hurt themselves could serve an additional two years in jail. No one may pour a drink out on the ground at any drive-in movie.

Maine You may not step out of a plane in flight. After January 14th, you will be charged a fine for having your Christmas decorations still up. Strolling down the street while playing a violin is against the law. No person may roller skate on a sidewalk. It is illegal to expectorate from any second-story window. It is illegal to park in front of Dunkin Donuts. Dog leashes may not be over eight feet in length. Advertisements may not be placed in cemeteries.

Maryland It’s illegal to take a lion to the movies. You may not curse inside the city limits. It is illegal to use profane language on a playground. Persons may not swear while on the highway. Citizens may not swim in the public fountains within the city limits.

Massachusetts It is illegal to give beer to hospital patients. Shooting ranges may not set up targets that resemble human beings. At a wake, mourners may eat no more than three sandwiches. Quakers and witches are banned. Bullets may not be used as currency. Taxi drivers are prohibited from "making love" in the front seat of their taxi during their shifts. No gorilla is allowed in the back seat of any car.

Michigan Persons may not be drunk on trains. It is illegal to kill a dog using a decompression chamber. It is legal for a robber to file a law suit, if he or she got hurt in your house. Any person over the age of 12 may have a license for a handgun as long as he/she has not been convicted of a felony. Couples are banned from "making love" in an automobile unless the act takes place while the vehicle is parked on the couple’s own property. Willfully destroying your old radio is prohibited. It is illegal to let your pig run free in Detroit unless it has a ring in its nose.

Minnesota It is illegal to stand around any building without a good reason to be there. A person may not cross state lines with a duck atop his head. It is illegal to sleep naked. Citizens may not enter Wisconsin with a chicken on their head. Airplanes may not be landed in city parks. Placing tacks on a sidewalk is considered a public nuisance.

Mississippi No one may bribe any athlete to “rig” a game, match, tournament, etc. One may be fined up to $100 for using “profane language” in public places.

Missouri Minors are not allowed to purchase cap pistols, however they may buy shotguns freely. It shall be unlawful to provide beer or other intoxicants to elephants. No person may have a “yard sale” in their front yard. No person may own a PVC pipe.

Montana It is illegal to have a sheep in the cab of your truck without a chaperone. No person shall raise pet rats. It is illegal to bring a bomb or rocket at city council proceedings. Bands who play in clubs where alcohol is served may not leave the stage while performing. It is illegal to use speed-dial in the city phone system. Worrying squirrels will not be tolerated. It is illegal to annoy passersby on sidewalks with a revolving water sprinkler. The game of “folf” may not be played at night. No item may be thrown across a street.

Nebraska Drivers on mountains should drive with caution near the right hand edge of the highway. (There are no mountains in Nebraska) It is illegal to fly a plane while drunk. It is Illegal to go whale fishing. It is illegal for bar owners to sell beer unless they are simultaneously brewing a kettle of soup.

Nevada It is illegal to sit or lie down on sidewalks It is illegal to drive a camel on the highway. It’s still “legal” to hang someone for shooting your dog on your property. An ordinance makes bringing a concealable fire arm into the county illegal unless it is registered with the Las Vegas Metropolitan Police Department. Benches may not be placed in the middle of any street.

New Hampshire You cannot sell the clothes you are wearing to pay off a gambling debt. At White Mountain National Forest, if a person is caught raking the beaches, picking up litter, hauling away trash, building a bench for the park, or many other kind things without a permit, he/she may be fined $150 for "maintaining the national forest without a permit".

New Jersey Handcuffs may not be sold to minors. It is illegal to wear a bullet-proof vest while committing a murder. It is illegal to delay or detain a homing pigeon.

New Mexico "Idiots" are banned from voting Nudity is allowed, provided that male genitals are covered. Women may walk in public topless provided they have their nipples covered. Hunting is prohibited in Mountain View Cemetery. You may not carry a lunchbox down Main Street.

New York It is against the law to throw a ball at someone’s head for fun. The penalty for jumping off a building is death. During a concert, it is illegal to eat peanuts and walk backwards on the sidewalks. Eating while swimming in the ocean is prohibited.

North Carolina Oral sex is considered a crime against nature. It’s against the law to sing off key. It is a felony to steal more than $1000 of grease. It is illegal to have sex in a churchyard. Persons in possession of illegal substances must pay taxes on them. Organizations may not hold their meetings while the members present are in costume. Bingo games may not last over 5 hours unless it is held at a fair. Serving alcohol at a bingo game is not allowed.

North Dakota Playing bingo while drunk is a Class 2 misdemeanor. You cannot shoot fireworks after 11 PM. Beer and pretzels can’t be served at the same time in any bar or restaurant.

Ohio It is illegal to mistreat anything of great importance. No civil arrests may be made on Sunday or on the Fourth of July. Illegal to sell dyed chickens. It is illegal to get a fish drunk. Participating or conducting a duel is prohibited. If one loses their pet tiger, they must notify the authorities within one hour.

Oklahoma One may not promote a “horse tripping event”. It is illegal for the owner of a bar to allow anyone inside to pretend to have sex with a buffalo. It is against the law to read a comic book while operating a motor vehicle. Fish may not be contained in fishbowls while on a public bus. People who make “ugly faces” at dogs may be fined and/or jailed.

Oregon It is illegal to go hunting in a cemetery. Drivers must yield to pedestrians who are standing on the sidewalk. One may not test their physical endurance while driving a car on a highway. It is illegal to place a container filled with human fecal matter on the side of any highway. Babies may not be carried on the running boards of a car. A door on a car may not be left open longer than is necessary. An adult may not show a minor any piece of classical artwork which depicts sexual excitement. It is illegal to buy or sell marijuana, but it is legal to smoke it on your own property. Juggling is strictly prohibited without a license. It’s illegal to walk down a sidewalk and knock a snakes head off with your cane. You cannot eat a doughnut and walk backwards on a city street.

Pennsylvania It is contrary to Pennsylvania law to discharge a gun, cannon, revolver or other explosive weapon at a wedding. It it illegal to sleep on top of a refrigerator outdoors. Dynamite is not to be used to catch fish. A person is not eligible to become Governor if he/she has participated in a duel. Ministers are forbidden from performing marriages when either the bride or groom is drunk. No more than two packages of beer at a time may be purchased, unless you are buying from an official “beer distributor”. Persons convicted of felonies may not operate Bingo games.

Rhode Island Cap guns are illegal. Ropes may not be strung across a highway. No one may bite off another person's leg. Any marriage where either of the parties is an idiot or lunatic is null and void. It is considered an offense to throw pickle juice on a trolley. It is illegal to wear transparent clothing.

South Carolina It is a capital offense to inadvertently kill someone while attempting suicide. You cannot play pinball if you are a minor. A permit must be obtained to fire a missle.

South Dakota It is illegal to lie down and fall asleep in a cheese factory.

Tennessee It is illegal to share your Netflix password. It is illegal to to post images online that cause emotional distress without legitimate purpose. Any person who participates in a duel may not hold any public office in the state. Giving and receiving oral sex is still prohibited by law. You can’t shoot any game other than whales from a moving automobile. Hollow logs may not be sold. It is illegal to use a lasso to catch a fish. “Crimes against nature” are prohibited. The definition of “dumb animal” includes every living creature. It is illegal to place tacks on a highway. Skunks may not be carried into the state.

Texas You cannot sell a human eye. A felony charge can be levied for promoting the use of, or owning more than six dildos. It is illegal for one to shoot a buffalo from the second story of a hotel. Wire cutters can not be carried in your pocket. It is against the law to throw confetti, rubber balls, feather dusters, whips or quirts (riding crop), and explosive firecrackers of any kind. It is illegal to possess realistic dildos.

Utah No one may have sex in the back of an ambulance if it is responding to an emergency call. It is illegal to detonate any nuclear weapon. Alcohol may not be sold during an emergency. It is illegal to cause a catastrophe. Throwing snowballs will result in a $50 fine.

Vermont It is illegal to deny the existence of God.

Virginia You cannot go trick-or-treating if you are over 12 years old.

Washington The harassing of Bigfoot, Sasquatch or other undiscovered subspecies is a felony punishable by a fine and/or imprisonment. It is illegal to attach a vending machine to a utility pole without prior consent from the utility company. X-rays may not be used to fit shoes.

West Virginia Whistling underwater is prohibited. For each act of public swearing a person shall be fined one dollar.

Wisconsin It is a class A misdemeanor to wave a burning torch around in the air.

Wyoming Using a firearm to fish is strictly forbidden.

[nancygduarteus]

America’s Unending Tragedy

LITTLETON, Colo.—Evan Todd, then a sophomore at Columbine High School, was in the library on the day 19 years ago when Eric Harris appeared in the doorway, wielding a shotgun. Harris fired in his direction. Debris, shrapnel, and buckshot hit Todd’s lower back; he fell to the ground and ducked behind a copy machine. Harris fired several more shots toward Todd’s head, splintering a desk and driving wood chips into Todd’s left eye.

Todd listened for several more minutes as Harris and Dylan Klebold murdered their classmates, taunting them as they screamed. Todd prayed silently: “God, let me live.”

Then Klebold pulled back a chair and found Todd hiding underneath a table.

He put a gun to Todd’s head. "Why shouldn't I kill you?" he asked.

“I've been good to you,” Todd said.

Klebold looked at Harris. “You can kill him if you want,” Klebold told his teenage co-conspirator.

No one knows why—indeed, no one knows the “why” behind such violence—but that’s when Harris and Klebold left the library. Todd got to live.

Thirteen people did not, though. Today, that’s why Todd supports allowing teachers to have guns in schools. Teachers shouldn’t be required to be armed, he says, but if they already have a concealed-weapons permit, and they’re already comfortable using a gun, why not let them have it with them in school, the place they are most of the day, and the place where these attacks happen over and over again?

Today, Todd is a stocky, bearded manager of construction projects, and describes himself as a history buff. He grew up around guns, but after Columbine, he thought hard about whether easy access to them might have been what caused the shooting. No, he decided. “We've always had guns since the beginning of the founding of our country, but what we haven't always had are children murdering children,” he told me over coffee this week. “Something has changed.” Todd believes school shootings are motivated by a fundamental lack of respect for human life.

The way Todd sees it, “liberals like to control others and conservatives like to control themselves.” He glanced around the Starbucks where we were sitting. Statistically, he said, four people there were likely have guns on them. Being near four guns might scare many liberals. Many conservatives, though, would want to be one of the four with a gun.

The gun debate is an odd one because, at some level, everyone agrees on what they want: No more Columbines. No more Parklands. Most people affected by the Columbine massacre can even agree on what definitely didn’t cause it. After the shooting, Columbine developed a reputation as a toxic school where jocks tormented “geeks” like Harris and Klebold. But it’s a stretch to say the shooters were pitiable outcasts, bullied until they snapped. In reality, they were budding little fascists who wore swastikas on their clothes and spewed racial slurs as they gunned down black classmates. Kumbaya circles wouldn’t have fixed that.

The Columbine Memorial in Littleton, Colo. (Kirsten Leah Bitzer)

But, nearly 20 years later, not even people in Littleton can agree whether the best way to prevent another Columbine is more guns or fewer. Todd’s experience—a 15-year-old whose brush with death-by-gun led him to respect guns more—helps to explain why there have been so few new federal gun restrictions since Columbine.

There have been at least 10 mass school shootings in the years since, which have claimed at least 122 lives. On Saturday, hundreds of thousands of young people will march on Washington to show just how much this disgusts them. They believe they will be the ones to end the most calcified cultural stalemate of our time: that Americans fundamentally do not agree on whether guns are dangerous—or essential.

Todd worries that if more guns are removed from the hands of law-abiding citizens, a tyrannical government could take over—we could see an American Stalin or Mao. “More people would be murdered without the Second Amendment,” he said.

In the nearby town of Centennial, 64-year-old Carol Schuster said that’s one thing that keeps many conservatives from supporting gun control. “They’re afraid of the government,” she told me. She knows because she used to be one.

Schuster and her husband, Bill, own a company that sells big mobile filing cabinets, the kind that doctors use to store their patient records. Like many small-business owners, they long voted Republican.

The Schusters were terrified when Columbine happened, but they didn’t think it would keep happening. Those shooters were freaks, juvenile delinquents. “Another school shooting” hadn’t yet become a thing Americans say almost every month.

Carol Schuster at her home in Centennial, Colo. on March 20 (Kirsten Leah Bitzer)

Then came the Sandy Hook shooting, in which six- and seven-year-olds were mowed down as they cowered in their elementary-school bathroom. Schuster began to feel like her party wasn’t doing enough. (Just this week, Republican state legislators in Colorado rejected a ban on bump stocks, the devices used by the Las Vegas gunman that allowed his rifles to fire faster.) She attended a meeting of Colorado Ceasefire, a local gun-control group, and she was the only Republican there. “Oh,” she thought. “These Democrats really are nice people.” In 2016, Schuster voted for Hillary Clinton as a single-issue voter on guns.

Today, one portion of her office wall is devoted to photos of her family, another to pictures of dogs, and another to the front pages of newspapers covering all the mass shootings that have taken place since Columbine. “Important things,” she explained.

When she saw the Parkland shooting on TV, she decided she would go to Washington on Saturday to take part in the March for Our Lives. Her sign will read, “Former Republican for sensible gun laws.”

Schuster asked me where I was going next, and I told her I’d be interviewing Patrick Neville, a former Columbine student who survived the massacre and is now a Republican State Representative who supports concealed carry among teachers. Schuster said she had a lot of questions for him.

When I arrived at his office in the Capitol building in Denver, Neville looked red and tired. His press secretary seemed weary, too, from listening to dozens of voicemail messages, many of which wished to inform her that her boss was a “fucking asshole.” A bill Neville introduced, scheduled for a hearing just days after the Parkland shooting, called for allowing concealed-carry permit holders to bring their guns inside schools. “Get your head out of your ass!” one woman’s voice screamed on the answering machine. “Protect these children!” (Todd gets angry messages, too—including from people who tell him they wish he died at Columbine. The Schusters, meanwhile, say they get run off the road for their gun-control bumper stickers.)

Neville wasn’t inside Columbine when the shooting happened. He was just outside the building, skipping class to go smoke with friends. When he realized what was happening, he ran to a nearby house and called his mom. “I’m not going to be able to get to my next class,” he told her.

If Republicans are afraid of government overreach, then on the other side, “there’s an irrational fear of guns,” Neville said. Todd and Neville see guns as “tools” that can be safely used for fun or protection. Like Todd, Neville believes shooters target gun-free zones like schools because they know they won’t meet resistance. Not knowing which teacher might be armed is a “huge tactical advantage,” Neville argued. To protect his three young daughters, he plans to send them to a private high school, where teachers can carry guns.

This was the fourth time Neville sponsored the concealed-carry bill, and it failed like it always does, but he plans to introduce it again. Why? “Never a wrong time to do the right thing,” he said. The morning we spoke, another school shooting had taken place in Maryland.

Littleton, a Denver suburb, in many ways offers a typical middle-American landscape—dotted with drab office parks and Outback Steakhouses. Less typical are the striking, snow-streaked mountains, which loom in the background.

The light-beige Columbine High School building gets threats all the time. It’s the unholiest of holy sites: Several times a day, a security guard told me, random people stop by to take pictures or just to take a morbid look. The guard can’t allow them to do that; he can’t make the kids relive it that often.

Another security guard in the student parking lot kept a wary eye on me. But at 2:45, the glass doors swung open and perfectly normal students burst out of a perfectly normal school, laughing and asking each other about homework assignments. Among them was Kaylee Tyner, a junior who organized Columbine’s student walkout for gun control, which happened earlier this month.

Kaylee Tyner at her home in Littleton, Colo. (Kirsten Leah Bitzer)

The day I met up with Tyner, she had called a handful of her classmates to her house to make signs for Saturday’s march. Her friends plan to go to the local march in Denver, but Tyner will travel all the way to Washington with her mom. On top of her political advocacy, Tyner is in four AP classes, several clubs, and works as a waitress at a retirement home.

Tyner peeled a sticky note off the window of her Nissan—she’s in a club whose members leave encouraging messages for one another—and drove the four minutes from her school to her house. She put out some snacks and brought up tempera paints from the basement. The other girls trickled in a few minutes later. They huddled around Tyner’s dining-room table and laid out orange, black, and white poster boards. They’re Columbine’s core group of activists, and it’s something they’re surprisingly secure about. Once, a boy said something like “oh, there go the feminists” as they walked by, and one of them, 16-year-old Mikaela Lawrence, said simply, “Chh—yeah!”

The girls might get their news from social-media sites like Twitter, but, they tell me, they’re careful to check it against other sites to be sure it’s not “fake news.” Rachel Hill, a cheery 16-year-old, easily rattled off the gun measures she’d like to see: universal background checks, a ban on bump stocks, higher age limits and longer waiting periods. She painted a sign that read, “I have thought. I have prayed. Nothing changed.”

Kaylee and a few friends work on signs for March for Our Lives on March 21, 2018, in Littleton, Colo.

The day after the Parkland shooting, the halls of Columbine were unusually quiet. Despite all the security, kids at Columbine periodically worry about another shooting happening there. Some of their teachers have panic attacks when the fire alarms go off, the girls said.

“We’re not gonna stop fighting until laws are passed,” said 14-year-old Annie Barrows, laying down her paint brush and hammering her fist into her hand. “There’s blood spilling on the floors of American classrooms.”

Kids who go to Columbine rarely joke about the shooting, but students from other schools sometimes make crass remarks, the girls said. “Going to Columbine, we don’t get to pick the label for our school,” Tyner said. “We’re one of the most infamous schools in America. We’re trying to show people that this affects your community for decades.”

One day in early April 1999, Daniel Mauser, a blond-haired, bespectacled Columbine sophomore, came home and asked his father, Tom Mauser, “Did you know there are loopholes in the Brady bill?”—the national law that requires background checks for gun purchasers. Tom didn’t think much of it. Daniel was on the debate team; he and his conservative classmate, Patrick Neville, would sometimes argue about politics.

Two weeks later, the day of the Columbine shooting, Tom didn’t know whether Daniel was alive or dead for nearly 24 hours. Late that night, authorities called to ask what Daniel had been wearing, or if the Mausers had any dental records. They said the Mausers would hear more in the morning. The following day at noon, the sheriff came along with some grief counselors to tell Tom that Daniel had been shot to death.

The Mausers stayed in the area, but they couldn’t bring themselves to send their surviving daughter to Columbine. Instead, she went to the nearby Arapahoe High School. It, too, had a shooting, after she graduated.

Tom, who worked for the state’s transportation department, took on a second role as a spokesperson for Colorado Ceasefire. He and his son shared a shoe size; he began wearing Daniel’s black-and-gray Vans to testify at hearings. In 2000, he successfully helped push through a measure to close the state’s gun-show loophole. He’s one of the few Columbine parents who speaks out about guns; some others support him but find it too painful to talk about, he says.

Over lunch at Panera Bread, he told me he doesn’t support arming teachers—there’s too much of a risk of crossfire, accidents, or police not knowing who the true “bad guy” is in a hectic shooting situation, he said. And what, are we going to hold first-grade teachers accountable for acting as soldiers would in combat? Many Republicans, he argued, seemingly “cannot acknowledge the danger caused by guns.” (Many Republicans, of course, argue Democrats can’t acknowledge the danger caused by restricting guns.)

One of the most helpful gun measures, he thinks, would be a state- or nation-wide red-flag law, allowing family members or law-enforcement officers to ask a judge to temporarily take away the guns of someone who seems dangerous.

At this point, a woman approached our table to thank Tom for his efforts. “You’re welcome,” he said.

The following day, Tom planned to go for a bike ride in the 70-degree weather, enjoy his retirement a little. But for the moment, he went back to talking about his dead son with yet another reporter. Because Columbine High has a stain, but so does the whole country, and it will endure until there aren’t any more stories like this left to tell. So he tells it.

Like Evan Todd, Daniel Mauser was in the library. Eric Harris insulted him, then fired his rifle and hit Daniel in the hand. Then the mild-mannered Daniel fought back—he pushed a chair at Harris. Harris responded by shooting him in the face.

I sat there speechless as Tom Mauser calmly ate a spoonful of soup. “This is America,” he said.

(Kirsten Leah Bitzer)

from Health News And Updates https://www.theatlantic.com/politics/archive/2018/03/littleton-columbine/556358/?utm_source=feed

[nyppexprivate]

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[thriftysigns]

Is My License Plate Frame Legal?

License plate frame laws of all 50 US states.

We are often asked if novelty license plate frames or license plate covers are legal in certain states. After some research, I have created a breakdown of the license plate frame laws in all 50 states. Please keep in mind that laws do change, and it is still the responsibility of the consumer to verify the use of frames with local authorities. If you live in a state that only requires one license plate, then any style frame may be used on the front of the vehicle. Note "MV" = Department of Motor Vehicles and "LE" = Law enforcment.

Alabama

- As long as the characters are not covered, frames are permitted.

Alaska

- Statute states the plate will not be obscured. 

Arizona

- Cannot obstruct; A.R.S. 28-2354 Section 2B states, "this states license plate is to be clearly legible so that the name of this state at the top of the license plate is not obscured." Simply put the word, "Arizona" can not be obstructed, hidden or partially hidden. 

Arkansas

- Cannot place any type of cover over license plate which makes the license plate more difficult to read or reduces the reflective properties of the plate. 

California

- (MV) Vehicle Code Section 5201 states that plates shall be mounted in a position to be clearly visible. (LE) Unlawful to cover a license plate in any matter, even if material is clear. 

Colorado

- (LE) Frames can be used if they do not obstruct year and date tab or numerals. Covers and such gimmicks are illegal if they obstruct readability of plate. 

Connecticut

- As long as it in no way obscures the plates, it is acceptable. 

Delaware

- (MV) Frames are allowed if no information is covered. Covers would be allowed if cover is clear. (LE) View of plate cannot be obscured so that the letters, numbers, First State, State of Delaware cannot be identified.

Florida

- All letters, numerals, printing, writing and other identification marks upon the plate must be clear and free from defacement, mutilation, grease, and other obscuring matter, so it is plainly visible and legible at all times 100 feet from the vehicle. 

Georgia

- Frames and covers cannot obscure or obstruct the information on the plate.

Hawaii

- Must not obscure any letters/numbers. 

Idaho

- (MV) Plates must be clearly visible, free from foreign materials, and in clearly legible condition. (LE) The plate must be readable. 

Illinois

- (LE) Frames are allowed. Covers are allowed as long as they have no color (must be clear). 

Indiana

- The license plate shall not be obstructed by tires, bumpers, accessories, or other opaque objects. If frame or cover does not obstruct plate, it is permissible. (LE) Permitted as long as full plate is visible and no additional lights attached. 

Iowa

- It is unlawful for the owner of a vehicle to place any frame around or over the plate that does not permit full view of all numerals and letters printed. 

Kansas

- (LE) Frames are allowed. Covers that change the color or reflection quality are illegal. 

Kentucky

- No rim, frame or other covering around the plate shall in any way obscure or cover any lettering or decal on the plate. 

Louisiana

- Any obstruction of the view of a plate is illegal.

Maine

- No policy exists that addresses frames and covers; however, the numbers, letters and words on the registration plate shall always be plainly visible. (LE) Acceptable provided they do not cover the numbers and letters, or change the plate color.

Maryland

- (MV & LE) Permitted providing they do not obscure the characters and/or validation decals. Maintained free from foreign materials (including plate covers) and in condition to be clearly legible and securely fastened to the vehicle for which it was issued.

Massachusetts

- (LE) State law precludes the use of any material (frames) that obscures any of the characters. Also, due to the reflective design of the license plates, no material can be used that would prevent the plate from being legible at a distance of 75 feet during the period when the vehicle is required to display lights.

Michigan

- The Michigan Vehicle Code states that license plates must “be maintained free from foreign materials that obscure or partially obscure the registration information” and forbidding motorists to “attach a name plate, insignia, or advertising device to a motor vehicle registration plate in a manner which obscures or partially obscures the registration information.”

Minnesota

- (MV) State law prohibits obstruction of plates – therefore brackets may only cover the general rim area and not obstruct plate viability. State law mandates visibility that would prohibit covers. (LE) Plate frames must not obscure any of the numbers or validation stickers.

Mississippi

- (MV) Acceptable as long as it does not obstruct the tag number or the county name at the bottom of the tag. (LE) No frame with lights, no cover that hinders view of the plate.

Missouri

- (LE) Allowed provided full view and legibility of plate are not compromised.

Montana

- Cannot cover the state, plate numbers, or tabs.

Nebraska

- Cannot cover the state, plate numbers, or tabs. (LE) No law against them, however the cover cannot blur or dim the lettering so that it is not plainly visible at all times during daylight and under artificial light in the nighttime.

Nevada

- Frames and covers are allowed as long as the license plate and decal are not obstructed.

New Hampshire

- Allowed as long as no ID numbers are obscured.

New Jersey

- (MV) Can be used, but cannot cover “New Jersey” or “Garden State” or any other message on the plates. (LE) Frames and covers may be used as long as they do not conceal or otherwise obscure any part of any marking imprinted upon the registration plate or any part of any insert issued by the director.

New Mexico

- Covers and frames may not obstruct from view any portion of the plate including registration sticker.

New York

- (MV) Plates should be kept clean and in a condition so as to be really readable and shall not be covered by glass or any plastic material, and the view thereof shall not be obstructed by any part of the vehicle or by anything carried thereon.

North Carolina

- No device can be placed over or around the license plate that would prevent visibility.

North Dakota

- (LE) Covers must be clear so they do not change the appearance of the plate.

Ohio

- (MV) They are acceptable but nothing can be placed on or around the license plate that would obscure or obstruct any information on the plate. (LE) The license plate may have a frame and cover, but neither can cover up the information on the plate. Also, the cover must not be tinted to the point that it cannot be read by the officer.

Oklahoma

- Ref. Ch. 74 Section 1113 Item 2 Section 1113 says, “The plate, decal, all lettering and numbers shall be clearly visible at all times. The operation of a vehicle in this state, regardless of where such vehicle is registered, upon which the license plate is covered, overlaid or otherwise screened with any material, whether such material be clean, translucent, tinted or opaque, shall be in violation of this paragraph."

Oregon

- Code says a person commits the offense of illegal alteration or display of a registration plate if the person knowingly does any of the following: • Any change of the color, configuration, numbers, letters, or material of the plate • Any material or covering, other than a frame or plate holder, placed on, over, or in front of the plate that alters the appearance of the plate • Any frame or plate holder that obscures the numbers, letter or registration stickers, so as to render them unreadable. This offense is a Class B traffic infraction that caries a possible fine up to $300.00.

Pennsylvania

- Frames or covers may not obscure any of the plate numbers, expiration stickers, and other printed information.

Rhode Island

- (MV) Cannot cover plate. (LE) Frames and covers are permitted as long as the plate is readable.

South Carolina

- (LE) No after market covers are allowed.

South Dakota

- License plate must be clearly legible.

Tennessee

- Plate must be clearly visible and shall be maintained free from foreign materials.

Texas

- All letters, numbers, and other identification marks must be kept clean and distinct. Frames and covers should not obscure the plate.

Utah

- (LE) Can be used as long as the cover does not change the color of the plate. Also, lights cannot flash or oscillate.

Vermont

- The number plates shall be kept entirely unobscured, the numerals and letters thereon shall be plainly legible at all times. No other restriction regarding frames and covers.

Virginia

- (MV) The license plate must be clearly visible and legible. No covering of any type that alters the appearance of the license plate may be placed on or over the license plate. (LE) Non-illuminated frames and clear, non-tinted covers are permitted.

Washington

- Plate frames may not obscure any part of the plate. Covers must be clear and not obscure or change color of the plate. Neon or colored lights around the license plate are illegal.

West Virginia

- License plate must be displayed on the vehicle so that all wording, numbers and decals are upright, visible and readable. The license plate or frame cannot obscure the license plate number, name, issuing state, or expiration decals.

Wisconsin

- Frames and covers that obscure or alter the colors of the characters or validation sticker on license plates are illegal.

Wyoming

- Frames must not obscure characters; covers illegal.

So there you have it. A full list of license plate frame laws from all 50 US states. I will try to keep this list will updated as needed. If you find any corrections, or updates that need to be made, please feel free to comment below, and I will add them ASAP.

Read the full article

[ptpgunmedia]

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[vicroc4]

Some restrictions that Maryland puts on gun owners over and above the Federal laws (by no means an exhaustive list):

- Any magazine sold in Maryland must have a capacity of 10 rounds or less. This includes built-in magazines. Shotguns and lever-action rifles with tube magazines must have a plug installed that blocks the loading of more than 10 rounds.

- Anyone wanting to purchase a handgun of any sort must complete a handgun training course and pass a test to get their handgun owner's license. This is over and above any potential concealed-carry training and licensing you might get (though some places combine the two into a single class). Note that this means that anyone who buys a handgun without their hangun owner's license is buying it illegally - which is important when you look at crime statistics from places like Baltimore (which has additional gun laws that I haven't researched).

- Concealed carry permits are on a may-issue basis. This means that even if you go through the (expensive) training and pay the money to get your permit, it may be rejected for any and all reasons (including the county sheriff just hating your guts for no real reason).

- All AK-pattern rifles are banned.

- Many AR-pattern rifles are banned.

- In fact, the Maryland State Police maintains a list of specific makes and models that are banned, which includes any rifle that a State Police officer thinks even remotely resembles an AK, and many guns that even a lot of Fudds would consider okay.

- The AR platform itself is not technically illegal in the State of Maryland. However, there are an enormous number of poorly-defined restrictions that make it difficult to have a legal AR - including the infamous "heavy barrel" stipulation, which is so poorly defined that basically any barrel that a manufacturer calls "heavy" is permissible, unless the Maryland State Police have a grudge against that manufacturer, in which case no barrels are permitted.

- Basically, the Maryland State Police have free reign to decide what guns are and aren't okay. While the MSP are generally fairly reasonable about it, that could change at any moment.

As I mentioned, this is by far not an exhaustive list. For one, I believe there's a waiting period after you buy a gun, but I can't be arsed to look it up at the moment. Also, many jurisdictions have even more restrictions over and above the State-wide laws. Ironically, these jurisdictions also tend to be the most violent in the State (Baltimore, I'm glaring at you).

I kind of view the whole mass shooting thing and comparing the USA to Australia as a not really workable case, because America is thirteen times larger in population than Australia, the population centres are larger and denser and closer together, and none of the arguments I see factor in economic, societal, health, and other issues that would drive somebody to enter a school with the intent to kill, only trying to remove the weapon in his hands (which would, in my opinion, only be replaced by a potentially equally destructive weapon).

I also disapprove of any further gun control because if someone really wants to do this sorta thing, they can and probably will ignore the law, break it without care, and buy one illegally. Then they can go do the horrific thing they wanted to do anyways.

I recommend looking up, for my American followers, the gun control laws in your state. There’s a fair few websites out there with them. Some states, like California and Maryland, are very strict, while other states like Arizona aren’t. There’s fifty little governments under an overarching government. While the big one can pass laws that affect all fifty of the others, the smaller ones can pass their own (relatively) localised control laws.

You may be surprised to see some of the reforms you’re arguing for already exist.

[mspfirearmstraining]

Exploring Reciprocity for Your Concealed Carry Permit in MD

Understanding reciprocity for a Concealed Carry Permit Maryland is essential for lawful and confident firearm carrying across state lines. Reciprocity agreements enable permit holders to carry their firearms in other states under specific regulations, offering convenience and flexibility for travelers. Here, we'll explore what reciprocity means, how it works for Maryland residents, and steps to maximize the reach of your concealed carry permit.

What Is Reciprocity for Concealed Carry Permits?

Reciprocity refers to agreements between states recognizing each other's concealed carry permits. If Maryland has a reciprocity agreement with a specific state, your Maryland permit will allow you to carry a firearm in that state under their laws. Similarly, permits issued by that state may be valid in Maryland. However, reciprocity does not imply identical regulations, so knowing and adhering to local laws is critical.

Understanding Maryland’s Concealed Carry Permit

Maryland operates as a "may issue" state, meaning permits are granted based on a demonstrated need for self-defense or other qualifying reasons. The Concealed Carry Permit Maryland process includes completing Maryland Wear and Carry training, submitting an application to the Maryland State Police (MSP), and undergoing a rigorous background check. Once approved, your permit provides legal carry rights within Maryland and, depending on reciprocity agreements, potentially in other states.

Which States Honor Maryland’s Concealed Carry Permit?

Maryland's reciprocity agreements are limited compared to other states. Currently, only a few states recognize Maryland’s concealed carry permits. To stay updated on which states honor your Maryland permit, consult the MSP Firearms Training resources or contact the Maryland State Police.

Additionally, be aware of states that require permit holders to abide by specific local restrictions, such as prohibitions in schools, government buildings, or certain public areas.

Expanding Reciprocity with Multi-State Permits

While Maryland’s reciprocity is limited, obtaining additional permits can significantly enhance the number of states where you can legally carry. For example, many Maryland residents apply for permits from Utah, Florida, and Virginia, which have more extensive reciprocity networks.

Steps to Expand Your Reciprocity Coverage

Complete Additional Training:

Many states require specific training for their permits. For example, Utah and Florida have unique courses that Maryland residents can complete to qualify for their concealed carry permits.

Sign up here for classes tailored to these states.

Submit Applications to Other States:

Follow the application process for non-resident permits in states with broad reciprocity agreements. Ensure you meet all training and documentation requirements.

Enroll in multi-state concealed carry classes provided by MSP Firearms Training to streamline this process.

Research Reciprocity Maps:

Use resources like official state websites or third-party tools to see how obtaining additional permits enhances your coverage. This ensures compliance and helps you make informed decisions about where to carry.

Key Considerations for Traveling with Your Firearm

Traveling with a concealed carry permit involves more than just reciprocity. Each state has its laws regarding firearm transportation, storage, and usage. Here are a few critical points:

Secure Storage: When traveling through states that do not recognize your permit, ensure your firearm is unloaded, locked, and stored according to federal regulations.

Local Laws: Some states may impose restrictions even if they honor your permit. Always check the destination state's laws before carrying your firearm.

Federal Property Restrictions: Federal properties like post offices and national parks often have stricter rules, regardless of state laws.

How to Stay Updated on Reciprocity

Since reciprocity agreements can change, staying informed is vital. Regularly check updates from reliable sources like MSP Firearms Training or the Maryland State Police. Consider subscribing to newsletters or following official social media channels to receive real-time notifications.

Contact us for updates and questions about reciprocity and training opportunities.

Benefits of Exploring Reciprocity

Understanding and leveraging reciprocity offers numerous benefits, including:

Flexibility for Travel: Confidently carry your firearm in multiple states.

Legal Compliance: Avoid potential legal issues by knowing where your permit is valid.

Enhanced Personal Safety: Expanded permit coverage ensures you can protect yourself wherever you travel.

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Original Sources: https://mspfirearmstraining.blogspot.com/2025/01/exploring-reciprocity-for-your.html

[hudsonespie]

The Coastguardsman Who Survived Two Sinkings on D-Day

[By Scott T. Price, Chief Historian, United States Coast Guard]

On July 17, 1942, at the age of 18, Eugene Edwin Oxley, enlisted in the United States Coast Guard. Two years later, he would distinguish himself on D-Day, earn the nickname “Lucky Ox,” and receive the Silver Star Medal for combat heroism.

Hailing from the small burg of Stilesville, Indiana, Oxley joined the legions of young men who enlisted in the Coast Guard. After he signed recruitment papers at Indianapolis, the Coast Guard sent him to St. Louis where he formally enlisted and shipped out to the Coast Guard’s Recruit Training Center at Curtis Bay, Maryland. 

After boot camp, Oxley was assigned to the Coast Guard-manned LCI-85. LCI-85 was part of an unusual class of vessels designed for one purpose: landing large numbers of troops on enemy shores. The British developed the unusual looking landing craft--some crediting its genesis to Winston Churchill--that would ultimately be designated the “LCI(L)” also known as Landing Craft, Infantry. Lovingly called “Lousy Civilian Idea” by their crews, LCIs could reach a top speed of 17 knots, but their narrow hull and shallow draft made them anything but comfortable at sea. 

Coast Guard-manned LCIs and smaller landing craft in England just before the voyage across the English Channel to Normandy. (U.S. Coast Guard)

Typically, an LCI approached its landing area and dropped a stern anchor as it prepared to beach itself. After beaching, two long ramps placed on either side of the LCI’s bow were run out and a crewmember deployed down each ramp. The crewmen ran ashore carrying a line with a 30-pound anchor at the end secured to the ramp on the other end. These brave volunteers placed the anchor in the sand to keep the line taught and guide the disembarking troops ashore.

Among the hundreds of LCIs constructed in shipyards across the U.S. was a flotilla crewed entirely by Coast Guardsmen. designated Flotilla 10. This LCI flotilla served in battle against Axis forces in the assaults on Sicily and mainland Italy. For D-Day, Flotilla 10 was reinforced with 12 Navy-manned LCIs, increasing its total number to 36 landing craft divided equally between units destined for the infamous Omaha and Utah beaches.

Photo of soldiers in a cramped troop compartment of a Coast Guard-manned LCI. (U.S. Coast Guard)

As late May 1944 approached, troops were placed aboard the LCIs and no one permitted ashore. With over 200 soldiers and 30 crewmen aboard each LCI, one can imagine the claustrophobia experienced in the cramped quarters. After foul weather postponed the landings scheduled for June 5, word spread that they would take place the morning of June 6. The 85 was scheduled to land on the right side of the Easy Red sector of Omaha Beach at 8:30 a.m., two hours after the first landings. Oxley volunteered to take a ramp line ashore once his ship grounded on the beach.

As with most combat situations, LCI-85’s landing did not go according to plan. Waiting in the hills above Omaha Beach were well-armed Nazi defenders, concealed in bunkers and reinforced trenches. Unfortunately for the American troops, Allied bombers supposed to soften up the defenses had dropped their payloads well inland of the Germans. They also missed thousands of deadly “Rommel’s Asparagus,” nicknamed after German general Irwin Rommel and made of small wooden logs, which covered the Normandy beaches from the high-tide line to well below the low-tide line. Atop many of these stakes were Teller mines set to detonate as soon as watercraft touched them.

The fog of war on D-Day as Allied landing craft put ashore troops on June 6th at Omaha Beach. (U.S. Coast Guard)

Early that morning, Flotilla 10’s LCIs approached the French coast in the dark. They gathered together ten miles offshore and began circling to await instructions from control vessels directing incoming ships. At 8:20 a.m., the LCIs fanned out and approached the Line of Departure, an artificial starting line on their charts that paralleled the beach. The control vessel then directed the 85 by loud hailer to head in. What no one noticed was a strong current that pushed the LCIs away from their designated beaches, so the 85 no longer steamed to its designated landing area.

As it approached the beach, the 85 let go its stern anchor as it prepared to ground and let out its infantry ramps. Next, Oxley ran down the portside ramp, with his line and anchor, and jumped into the water. But the 85 had not grounded on the beach, but on a shallow obstacle, so Oxley plunged in over his head while the LCI remained too far out to disembark troops. Oxley’s shipmates pulled him back in and the 85 backed off. By this time, the stern anchor winch had failed and there were no smaller landing craft to convey troops to the beach, so the 85 attempted another landing. As the LCI backed off the beach, a large enemy shell hit one of its troop compartments—the grim sounds of wounded and dying Army troops were amplified to the rest of the ship by 85’s voice tubes.

The 85’s captain located a clear stretch of beach about 100 yards away and ordered the 85 forward. It grounded once again, but this time over a “Rommel’s Asparagus” topped by a mine that blew a hole in the ship’s forward compartment. Heavy enemy machinegun fire began peppering the vessel on the starboard side so only the port ramp was operational. Once again, Oxley grabbed the line, jumped overboard and made it to shore. In the process, the anchor he was supposed to secure in the sand had been shot away. Undeterred, he braced himself on the beach under heavy fire and held the line taut for the debarking troops. For the soldiers, it was a march into oblivion with only six out of the 36 men surviving the withering fire to set foot on the beach. Miraculously, Oxley was never hit.

Meanwhile, incoming shellfire was devastating, with hits taking their toll on the 85’s crew and soldiers in the troop compartments. After a shell hit the port ramp and blew it off the LCI, the ship backed away once again, leaving Oxley stranded on the beach. The 85 later managed to offload the remaining troops into small landing craft, which took the men ashore while the 85 made it out to an area where the troopships gathered. There, it unloaded the dead and wounded to the Coast Guard-manned transport USS Samuel Chase. In all, the thin-skinned 85 suffered six direct hits from German artillery with dozens of troops killed, but miraculously only four Coast Guardsmen were wounded. Despite the crew’s efforts to save their ship, the 85 capsized and sank after unloading its dead and wounded men. 

LCI 85 just before its sinking (U.S. Coast Guard)

Oxley was left to his own devices on Omaha Beach. By now, he was shoeless with no battle helmet, so he dug a small foxhole and hunkered down. Unfortunately, Lucky Ox had to hide not only from the enemy, but also Mother Nature as the tide began to rise up the beach. As soon as he was flooded out of one foxhole, he dug another. In the span of an hour, he dug and was then flooded out of half a dozen soggy holes.

Soon, he saw a smaller LCT preparing to return to sea after delivering its troops. He sprinted for it and got aboard. But misfortune struck a second time and, as the craft backed off the beach, it too sustained multiple shell hits and began to sink. Oxley abandoned it and again found himself in the water. He swam to the nearby LCI-93, another Coast Guard-manned LCI, which had just finished debarking its first load of troops.

LCI-93 steamed back to the troop transport staging area to collect more troops and headed back to the beaches. Unfortunately, when it landed, the 93 was also targeted by German artillery, sustained mass casualties and had to be abandoned. Oxley jumped off its stern as he had with the LCT. He later noted that he felt like a jinx. Once again, he swam ashore, later telling a reporter “I lay there in a foxhole from 3 p.m. to 5:45 p.m. It was hell!” After nearly three hours hiding from enemy machinegun fire in a shallow foxhole, Oxley was evacuated to a destroyer by landing craft. Having endured 12 hours of unrelenting enemy artillery and machinegun fire, Oxley only had his trouser bottoms shot away, but no wounds.

Eugene Oxley and other Coast Guardsmen who lost their vessels that day, including four of Flotilla 10’s LCIs, returned to England where they were placed in “survivor camps” until reassigned to new units or sent home. Awarded the Silver Star Medal for his incredible actions on D-Day, Oxley was sent home a war hero. In the U.S., he participated in Coast Guard public relations events, including War Bond tours and recruitment drives. The head of Coast Guard Public Relations Division at the time, Rear Admiral Ellis Reed-Hill, would later note that “of all the Coast Guard heroes during the Normandy landings, Oxley stands out as one the Service may be justly proud!”

Boy’s Life magazine illustraton of a young Sea Scout superimposed over Oxley in uniform (Boy's Life)

This article appears courtesy of U.S. Coast Guard Compass and may be found in its original form here.

from Storage Containers https://www.maritime-executive.com/article/the-coastguardsman-who-survived-two-sinkings-on-d-day via http://www.rssmix.com/

[maxwellyjordan]

Relist Watch

John Elwood reviews Monday’s relists.

Even as the world grows more topsy-turvy by the minute, the Supreme Court’s relists this week are heavily a status quo affair. The gun cases are still there. The qualified immunity cases are still there. And the two ancient serial relists Andrus v. Texas and United States v. California inexplicably shuffle back for yet another curtain call this week, a trip they’ve been making almost weekly since November 2019 and January 2020, respectively.

If we needed any further proof that we’re living in a dystopian future, even the relists this week reflect the basic fact of life Beyond Thunderdome: Two cases enter, one case leaves. The one case leaving is Jarchow v. State Bar of Wisconsin, 19-831, which involved a First Amendment challenge to mandatory bar membership and dues. The court denied review, but Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented to say that the court’s recent First Amendment jurisprudence has undercut the legal basis for upholding mandatory bar membership.

Now on to the two cases entering. The first is Niz-Chavez v. Barr, 19-863. The attorney general can cancel removal of a nonpermanent resident who has 10 years of continuous presence in the United States, and of a permanent resident who has seven years of continuous residence here. Under the “stop-time rule,” the government can end those periods of continuous residence by serving “a notice to appear,” which provides “written notice … specifying” specific information related to the initiation of a removal proceeding. This case presents the question whether a notice sufficient to trigger the stop-time rule must itself include all the requisite information, or whether the government can furnish that information over the course of many documents and on the timetable of its choosing. The government’s brief in opposition includes those words every petitioner loves to read: “[A] circuit conflict currently exists on the question presented.” Regrettably for Agusto Niz-Chavez, that concession is followed by the statements that “the circuits may resolve that conflict” and “the question presented is not outcome-determinative.” Those reflect an advocacy challenge for petitioners. But once the government concedes a circuit split, it is often possible to discredit government claims that the split will resolve itself and that the case is not a good vehicle for addressing the conflict.

The second new case is a bit unusual, in that the Supreme Court has already denied certiorari. Hanks v. United States, 19-7732, is on rehearing of the court’s decision not to grant review. The original petition involved whether 18 U.S.C. § 924(c)(1), which criminalizes the use of a firearm during a “crime of violence” (here, a bank robbery), can be violated by unintentionally intimidating a victim through verbal demands or the passing of a demand note rather than the use or threatened use of physical force. After the court denied review, Jerad Hanks sought rehearing, arguing that the Supreme Court had requested that the government file a response to his co-defendant’s petition raising similar claims, so the court should consider the cases together. Now the court appears to be doing exactly that with the co-defendant’s case, which was already set to be considered at this Thursday’s conference.

That’s all for this week. Until next week, stay safe!

New Relists

Niz-Chavez v. Barr, 19-863 Issue: Whether, to serve notice in accordance with 8 U.S.C. § 1229(a) and trigger the stop-time rule, the government must serve a specific document that includes all the information identified in Section 1229(a), or whether the government can serve that information over the course of as many documents and as much time as it chooses. (relisted after the May 28 conference)

Hanks v. United States, 19-7732 Issues: (1) Whether 18 U.S.C. § 924(c)(1), which criminalizes the use of a firearm during a “crime of violence” – in this case, the federal bank-robbery statute, 18 U.S.C. § 2113 –may be violated by unintentionally intimidating a victim through verbal demands or the passing of a demand note rather than the use or threatened use of physical force, and whether the definition of the term “crime of violence” cabined in 18 U.S.C. § 924(c)(3)(A) is unconstitutionally vague on its face and unconstitutionally vague under the rule of lenity; and (2) whether there is currently a conflict among the U.S. courts of appeals and an ambiguity in the law regarding the federal statutory definition of the term “crime of violence,” and a conflict between the holdings of some circuits, specifically the U.S. Court of Appeals for the 11th Circuit, and the Supreme Court’s previous holdings regarding the constitutional viability of the current definition of the term “crime of violence” in Section 924(c) and related federal statutes. (relisted after the May 28 conference)

Returning Relists

Andrus v. Texas, 18-9674 Issue: Whether the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fails to protect the Sixth Amendment right to a fair trial and the 14th Amendment right to due process when, in death-penalty cases involving flagrantly deficient performance, courts can deny relief following a truncated “no prejudice” analysis that does not account for the evidence amassed in a habeas proceeding and relies on a trial record shaped by trial counsel’s ineffective representation. (rescheduled before the November 1, 2019, and November 8, 2019, conferences; relisted after the November 15, 2019, November 22, 2019, December 6, 2019, December 13, 2019, January 10, January 17, January 24, February 21, February 28, March 6, March 20, March 27, April 3, April 17, April 24, May 1, May 15, May 21 and May 28 conferences)

United States v. California, 19-532 Issue: Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigration authorities with release dates and other information about individuals subject to federal immigration enforcement, and restrict the transfer of aliens in state custody to federal immigration custody, are preempted by federal law or barred by intergovernmental immunity. (relisted after the January 10, January 17, March 6, March 20, March 27, April 3, April 17, April 24, May 1, May 15, May 21 and May 28 conferences)

Mance v. Barr, 18-663 Issue: Whether prohibiting interstate handgun sales, facially or as applied to consumers whose home jurisdictions authorize such transactions, violates the Second Amendment and the equal protection component of the Fifth Amendment’s due process clause. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Rogers v. Grewal, 18-824 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense; and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Pena v. Horan, 18-843 Issue: Whether California’s Unsafe Handgun Act violates the Second Amendment by banning handguns of the kind in common use for traditional lawful purposes. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Gould v. Lipson, 18-1272 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Cheeseman v. Polillo, 19-27 Issue: Whether states can limit the ability to bear handguns outside the home to only those found to have a sufficiently heightened “need” for self-protection. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Ciolek v. New Jersey, 19-114 Issue: Whether the legislative requirement of “justifiable need,” which, as defined, does not include general self-defense, for a permit to carry a handgun in public violates the Second Amendment. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Worman v. Healey, 19-404 Issue: Whether Massachusetts’ ban on the possession of firearms and ammunition magazines for lawful purposes unconstitutionally infringes the individual right to keep and bear arms under the Second Amendment. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Malpasso v. Pallozzi, 19-423 Issue: In a challenge to Maryland’s handgun carry-permit scheme, whether the Second Amendment protects the right to carry handguns outside the home for self-defense. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Culp v. Raoul, 19-487 Issue: Whether the Second Amendment right to keep and bear arms requires Illinois to allow qualified nonresidents to apply for an Illinois concealed-carry license. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Wilson v. Cook County, 19-704 Issues: (1) Whether the Second Amendment allows a local government to prohibit law-abiding residents from possessing and protecting themselves and their families with a class of rifles and ammunition magazines that are “in common use at [this] time” and are not “dangerous and unusual”; and (2) whether the U.S. Court of Appeals for the 7th Circuit’s method of analyzing Second Amendment issues – a three-part test that asks whether a regulation bans (a) weapons that were common at the time of ratification or (b) those that have some reasonable relationship to the preservation or efficiency of a well-regulated militia and (c) whether law-abiding citizens retain adequate means of self-defense – is consistent with the Supreme Court’s holding in District of Columbia v. Heller. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Brennan v. Dawson, 18-913 Issue: Whether a police officer may reasonably rely on a narrow exception to a specific and clearly established right to shield him from civil liability when his conduct far exceeds the limits of that exception. (relisted after the May 21 and May 28 conferences)

Dawson v. Brennan, 18-1078 Issue: Whether the U.S. Court of Appeals for the 6th Circuit misapplied the Supreme Court’s authority and created a conflict among the U.S. courts of appeals by holding that a law enforcement officer violates the Fourth Amendment by entering the rear curtilage of a home in attempting to gain the resident’s compliance with his probation condition. (relisted after the May 21 and May 28 conferences)

Baxter v. Bracey, 18-1287 Issues: (1) Whether binding authority holding that a police officer violates the Fourth Amendment when he uses a police dog to apprehend a suspect who has surrendered by lying down on the ground “clearly establish[es]” that it is likewise unconstitutional to use a police dog on a suspect who has surrendered by sitting on the ground with his hands up; and (2) whether the judge-made doctrine of qualified immunity, which cannot be justified by reference to the text of 42 U.S.C. § 1983 or the relevant common law background, and which has been shown not to serve its intended policy goals, should be narrowed or abolished. (relisted after the May 21 and May 28 conferences)

Anderson v. City of Minneapolis, Minnesota, 19-656 Issues: (1) Whether the burden of persuasion in qualified immunity cases should be, in part or entirely, on the plaintiff, as held by the U.S. Court of Appeals for the 8th Circuit in this case and by the U.S. Courts of Appeals for the 4th, 5th, 6th, 7th, 10th and 11th Circuits, or whether it should be placed on the defendant, as held by the U.S. Courts of Appeals for the 1st, 2nd, 3rd, 9th and District of Columbia Circuits; (2) whether, under the state-created-danger doctrine, due process is violated when first responders fail to provide any treatment to a person suffering from severe hypothermia, and instead erroneously declare him dead; and (3) whether the 8th Circuit erred in dismissing this state-created-danger case on qualified immunity grounds. (relisted after the May 21 and May 28 conferences)

Zadeh v. Robinson, 19-676 Issue: Whether the Supreme Court should recalibrate or reverse the doctrine of qualified immunity. (relisted after the May 21 and May 28 conferences)

Corbitt v. Vickers, 19-679 Issues: (1) Whether qualified immunity is an affirmative defense (placing the burden on the defendant to raise and prove it) or a pleading requirement (placing the burden on a plaintiff to plead its absence); and (2) whether the Supreme Court should recalibrate or reverse the doctrine of qualified immunity. (relisted after the May 21 and May 28 conferences)

Hunter v. Cole, 19-753 Issues: (1) Whether, if the barrel of a gun is not yet pointed directly at an officer, clearly established federal law prohibits police officers from firing to stop a person armed with a firearm from moving a deadly weapon toward an officer if the officer has not both shouted a warning and waited to determine whether the imminent threat to life has subsided after the warning; and (2) whether a police officer who inaccurately reports his perceptions of events during a dynamic shooting encounter violates clearly established rights under the 14th Amendment. (relisted after the May 21 and May 28 conferences)

West v. Winfield, 19-899 Issue: Whether an officer who has consent to “get inside” a house but instead destroys it from the outside is entitled to qualified immunity in the absence of precisely factually on-point case law. (relisted after the May 21 and May 28 conferences)

Mason v. Faul, 19-7790 Issues: (1) Whether a finding of “objectively unreasonable excessive force” can be squared with a finding of qualified immunity under the facts and circumstances of this case, including whether determinations of the trial court, as affirmed by the U.S. Court of Appeals for the 5th Circuit, resulted in an incorrect analysis of the qualified immunity issue; and (2) whether the 5th Circuit’s determination can be reconciled with other courts’. (relisted after the May 21 and May 28 conferences)

The post Relist Watch appeared first on SCOTUSblog.

from Law https://www.scotusblog.com/2020/06/relist-watch-160/ via http://www.rssmix.com/

[michaeljames1221]

Child Access Prevention Laws

A child access prevention law (often abbreviated CAP law; also sometimes called a safe storage law) makes it illegal for an adult to keep a gun in a place and manner so that a child can easily access and fire it. Proponents of these laws, such as the Law Center to Prevent Gun Violence, argue that they are effective at reducing accidental gun deaths among children, since they reduce accessibility and thereby risk. The National Rifle Association has lobbied against such laws, arguing that they are ineffective and infringe on the rights of gun owners to protect their homes. “This poorly thought out legislation is without any consideration for personal circumstances.

It invades people’s homes and forces them to render their firearms useless in a self-defense situation by locking them up.”-National Rifle Association-Institute for Legislative Action on Seattle’s recently passed safe-storage ordinance (NRA-ILA 2018). CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children unsupervised access to guns. Gun safety advocates support CAP laws as a way to limit firearm-related homicides, as well as a way to decrease suicides among minors and the number of children killed by unintentional shootings. Guns in homes pose a clear safety risk, particularly to children. When household guns are not stored safely or securely, the risk of death or injury only increases. Child access prevention laws hold gun owners accountable for the safe storage of firearms, imposing liability for failing to take simple yet important measures to prevent guns from falling into young hands. Easy access to firearms in the home results in high rates of unintentional gun deaths among children, youth suicides, and school shootings. Child access prevention (CAP) laws are an important tool for reducing these child gun deaths. CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children to have unsupervised access to guns.

CAP laws may apply to all firearms, loaded firearms, or handguns only, and some states require that stored firearms include a locking device. Utah does not penalize an adult who recklessly or negligently allows a minor access to a firearm. In Utah, a parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor, defined as under age 18, who has been convicted of a violent felony or adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult. The state also prohibits any parent or guardian of a minor, where the parent or guardian knows that the minor is in possession of a firearm, from failing to make reasonable efforts to remove the firearm from the minor’s possession.

Minimum Age to Purchase & Possess a Gun in Utah

Too often, minors have also used their families’ unsecured firearms to intentionally perpetrate violence against others .Utah law provides that no person under age 18 may possess a handgun, sawed-off rifle, sawed–off shotgun, or fully automatic weapon. The state further prohibits any person under 18 years of age from possessing any other firearm (i.e., a rifle or shotgun) unless he or she: • Has the permission of one’s parent or guardian to have the weapon; or • Is accompanied by a parent or guardian while in possession of the gun. Exceptions regarding possession of handguns by minors include any person: • Firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided the firearms to be used are firmly chained or affixed to the counters; • In attendance at a hunter’s safety course or a firearms safety course; • Engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law; • Engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition; • Under age 18 who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law; • Who is a resident or nonresident hunter with a valid hunting license or other person who is lawfully engaged in hunting; or • Traveling to or from any activity described above with an unloaded firearm in one’s possession (except the provision related to target concessions where the firearms must be firmly chained or affixed to the counters). Any person under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult. An applicant for a concealed firearms permit must be 21 years of age or older. Applicants between the ages of 18 and 20 may apply for a provisional permit that allows the permittee to carry in the state without restriction except for elementary and secondary school campuses. Utah prohibits any person from selling handguns or long guns to a person under age 18 unless the person is accompanied by a parent or guardian.

Legal Definition of Dangerous Weapons on School Property

According to the state code, no one including Utah school kids is allowed to be in possession of any dangerous weapon, firearm or sawed-off shotgun on or around school properties. Possessing a dangerous weapon on or about school premises is a class B misdemeanor. If you decide to take a firearm or sawed-off shotgun onto school property, you’ll probably be charged with a class A misdemeanor. There is an exception to the above law. Someone, such as a school resource officer, who is authorized by the school administrator or who has a legal right to carry such a weapon can be excluded.

Description of State Child Access Prevention Laws

The majority of states have laws designed to prevent children from accessing firearms. The strongest laws impose criminal liability when a minor gains access to a negligently stored firearm. The weakest prohibit persons from directly providing a firearm to a minor. There is a wide range of laws that fall somewhere between these extremes, including laws that impose criminal liability for negligently stored firearms, but only where the child uses the firearm and causes death or serious injury. Weaker laws impose liability only in the event of reckless, knowing or intentional conduct by the adult. States also differ on the definition of “minor” for purposes of preventing access to firearms by children. Laws Imposing Criminal Liability when a Child Gains Access as a Result of Negligent Storage of a Firearm: Fourteen states (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, and Texas) have laws that impose criminal liability on persons who negligently store firearms, where minors could or do gain access to the firearm. Typically, these laws apply whenever the person “knows or reasonably should know” that a child is likely to gain access to the firearm. There are a number of variations in these types of laws, including whether the child must use the firearm, and whether the firearm must be loaded. The most significant variations are described below: • States Imposing Criminal Liability for Allowing a Child to Gain Access: The broadest laws apply regardless of whether the child even gains possession of the firearm. Massachusetts and Minnesota impose liability in circumstances where a child may (Massachusetts) or is likely to (Minnesota) gain access to a firearm. In Hawaii, Maryland, New Jersey and Texas, liability exists whenever a child gains access to an improperly stored firearm. In these states, it is not necessary for the child to use the firearm or cause any injury.

• States Imposing Criminal Liability Only if Child Uses or Possesses the Firearm: California, Connecticut, Florida, Illinois, Iowa, New Hampshire, North Carolina and Rhode Island require that the child possess or use the firearm in some way before liability attaches. In California, Connecticut, Illinois, Iowa, and Rhode Island, the statute applies when the child uses the firearm to cause death or serious injury. California, Iowa, Florida, New Hampshire and North Carolina also impose liability when the minor takes the firearm to a public place, and/or uses the firearm in a threatening manner. The New Hampshire and North Carolina statutes also impose liability when the child uses the firearm in the commission of a crime. • States Imposing Criminal Liability for Negligent Storage of Unloaded Firearms: Hawaii and Massachusetts impose liability even if the firearm is unloaded. In the case of handguns only, California imposes liability when the child carries a loaded or unloaded handgun off-premise. All other states require that the firearm be loaded for liability to attach. • Common Exceptions: States allow several exceptions to their child access prevention laws. The most common exception applies where the firearm is stored in a locked container (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, Texas). Another common exception applies where the minor gains access to the firearm via illegal entry of the premises (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, Texas). Other exceptions include cases where the firearm is used for hunting, sport shooting and/or agricultural purposes, where the minor uses the firearm in defense of self or others, where the firearm is used in aid of law enforcement, or where the child has completed a firearm safety course. • States Preventing Persons from Intentionally, Knowingly and/or Recklessly Providing Firearms to Minors: Several states impose a weaker standard for criminal liability when a child is allowed to access a firearm. Colorado, Delaware, Georgia, Indiana, Kentucky, Mississippi, Missouri, Nevada, Oklahoma, Tennessee, Utah, Virginia and Wisconsin prohibit persons from intentionally, knowingly, and/or recklessly providing some or all firearms to children. • All firearms: Indiana, Missouri, Nevada, Oklahoma and Utah laws apply to all firearms. • All loaded firearms: Delaware, Wisconsin and Virginia prohibit persons from providing loaded firearms to children. • Handguns only: Colorado, Georgia, Kentucky, Mississippi and Tennessee laws only prohibit providing handguns to minors. • Lesser standard for parents/guardians: Georgia, Indiana, Kentucky, Oklahoma, Tennessee and Utah impose a lesser standard on parents and guardians, providing that parents may be held liable for providing firearms to children only where they know of a substantial risk that the minor will use the firearm to commit a crime. • Definition of “Minor”: The age which triggers a state’s child access prevention law varies, ranging from children under 14 to those under 18. Under 18: California, Colorado, Delaware, Georgia, Indiana, Kentucky, Massachusetts, Minnesota, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, Tennessee, Utah Under 17: Texas Under 16: Connecticut, Florida, Hawaii, Maryland, New Hampshire, New Jersey, Rhode Island Under 14: Illinois, Iowa, Virginia, Wisconsin

• States Requiring that All Firearms Be Stored with a Locking Device in Place: Massachusetts and the District of Columbia require that all firearms be stored with locking devices in place to prevent accidental discharge. These laws are another important means to protect children from gaining unauthorized access to firearms and causing death or injury. • States Imposing Civil Liability on Persons Who Fail to Store Firearms Properly: California imposes civil liability on the parent/guardian of a minor for damages resulting from the minor’s discharge of a firearm, where the parent/guardian permitted the minor to have the firearm or left it accessible to the minor. Connecticut imposes strict liability in civil actions on persons who fail to store firearms securely, where a minor gains access and causes injury or death. In Illinois, when a minor under the age of 21 legally acquires a firearms license by obtaining the permission of a parent/guardian, that parent/guardian becomes liable for civil claims for damages resulting from the minor’s use of firearms or ammunition. In Nevada, a parent/guardian is jointly and severally liable with the minor for civil damages caused by permitting the minor to possess a firearm, where the parent/guardian knows or has reason to know that the minor has a propensity to commit violent acts, intends to use the firearm for an unlawful purpose, or has been previously adjudicated delinquent. Gun Safety Tips Owning a gun is a right. Protecting children is a responsibility. Prevent suicide and accidental injury by storing guns and ammunition safely. Talk to your children and their caregivers about gun safety. • Store guns and ammunition safely. Make sure guns are stored in a locked location, unloaded, and out of the reach and sight, especially from children. • Store ammunition separately, also store ammunication out of reach and sight of kids. • If you or another person living in your home is suicidal, immediately remove guns from the home. Ask a trusted friend or family member to store them until you or your loved one can get the help needed. • Make sure all guns are equipped with effective, child-resistant gun locks. Keep keys and combinations hidden. There are many options for firearm locks, including cable locks, trigger locks, personalized locks, lock boxes, and gun vaults or safes. Leaving guns on a nightstand, table, or other place where a child can gain access may lead to injuries or death. • Talk to your kids. Explain how a gun your kids might see on television or in a video game is different from a gun in real life. Teach kids not to touch a gun and to immediately tell an adult if they see one. • Talk to relatives and friends who your kids may visit. Ask them if they have guns in their home. Have a conversation with other family members and the parents of your children’s friends about safe gun storage practices. • Dispose of guns you don’t need. If you decide you no longer need to have a gun in the home, consult with community law enforcement on how to dispose of it in a safe way.

Gun Attorney Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

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from Michael Anderson https://www.ascentlawfirm.com/child-access-prevention-laws/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/05/21/child-access-prevention-laws/

[mayarosa47]

Child Access Prevention Laws

A child access prevention law (often abbreviated CAP law; also sometimes called a safe storage law) makes it illegal for an adult to keep a gun in a place and manner so that a child can easily access and fire it. Proponents of these laws, such as the Law Center to Prevent Gun Violence, argue that they are effective at reducing accidental gun deaths among children, since they reduce accessibility and thereby risk. The National Rifle Association has lobbied against such laws, arguing that they are ineffective and infringe on the rights of gun owners to protect their homes. “This poorly thought out legislation is without any consideration for personal circumstances.

It invades people’s homes and forces them to render their firearms useless in a self-defense situation by locking them up.”-National Rifle Association-Institute for Legislative Action on Seattle’s recently passed safe-storage ordinance (NRA-ILA 2018). CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children unsupervised access to guns. Gun safety advocates support CAP laws as a way to limit firearm-related homicides, as well as a way to decrease suicides among minors and the number of children killed by unintentional shootings. Guns in homes pose a clear safety risk, particularly to children. When household guns are not stored safely or securely, the risk of death or injury only increases. Child access prevention laws hold gun owners accountable for the safe storage of firearms, imposing liability for failing to take simple yet important measures to prevent guns from falling into young hands. Easy access to firearms in the home results in high rates of unintentional gun deaths among children, youth suicides, and school shootings. Child access prevention (CAP) laws are an important tool for reducing these child gun deaths. CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children to have unsupervised access to guns.

CAP laws may apply to all firearms, loaded firearms, or handguns only, and some states require that stored firearms include a locking device. Utah does not penalize an adult who recklessly or negligently allows a minor access to a firearm. In Utah, a parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor, defined as under age 18, who has been convicted of a violent felony or adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult. The state also prohibits any parent or guardian of a minor, where the parent or guardian knows that the minor is in possession of a firearm, from failing to make reasonable efforts to remove the firearm from the minor’s possession.

Minimum Age to Purchase & Possess a Gun in Utah

Too often, minors have also used their families’ unsecured firearms to intentionally perpetrate violence against others .Utah law provides that no person under age 18 may possess a handgun, sawed-off rifle, sawed–off shotgun, or fully automatic weapon. The state further prohibits any person under 18 years of age from possessing any other firearm (i.e., a rifle or shotgun) unless he or she: • Has the permission of one’s parent or guardian to have the weapon; or • Is accompanied by a parent or guardian while in possession of the gun. Exceptions regarding possession of handguns by minors include any person: • Firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided the firearms to be used are firmly chained or affixed to the counters; • In attendance at a hunter’s safety course or a firearms safety course; • Engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law; • Engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition; • Under age 18 who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law; • Who is a resident or nonresident hunter with a valid hunting license or other person who is lawfully engaged in hunting; or • Traveling to or from any activity described above with an unloaded firearm in one’s possession (except the provision related to target concessions where the firearms must be firmly chained or affixed to the counters). Any person under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult. An applicant for a concealed firearms permit must be 21 years of age or older. Applicants between the ages of 18 and 20 may apply for a provisional permit that allows the permittee to carry in the state without restriction except for elementary and secondary school campuses. Utah prohibits any person from selling handguns or long guns to a person under age 18 unless the person is accompanied by a parent or guardian.

Legal Definition of Dangerous Weapons on School Property

According to the state code, no one including Utah school kids is allowed to be in possession of any dangerous weapon, firearm or sawed-off shotgun on or around school properties. Possessing a dangerous weapon on or about school premises is a class B misdemeanor. If you decide to take a firearm or sawed-off shotgun onto school property, you’ll probably be charged with a class A misdemeanor. There is an exception to the above law. Someone, such as a school resource officer, who is authorized by the school administrator or who has a legal right to carry such a weapon can be excluded.

Description of State Child Access Prevention Laws

The majority of states have laws designed to prevent children from accessing firearms. The strongest laws impose criminal liability when a minor gains access to a negligently stored firearm. The weakest prohibit persons from directly providing a firearm to a minor. There is a wide range of laws that fall somewhere between these extremes, including laws that impose criminal liability for negligently stored firearms, but only where the child uses the firearm and causes death or serious injury. Weaker laws impose liability only in the event of reckless, knowing or intentional conduct by the adult. States also differ on the definition of “minor” for purposes of preventing access to firearms by children. Laws Imposing Criminal Liability when a Child Gains Access as a Result of Negligent Storage of a Firearm: Fourteen states (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, and Texas) have laws that impose criminal liability on persons who negligently store firearms, where minors could or do gain access to the firearm. Typically, these laws apply whenever the person “knows or reasonably should know” that a child is likely to gain access to the firearm. There are a number of variations in these types of laws, including whether the child must use the firearm, and whether the firearm must be loaded. The most significant variations are described below: • States Imposing Criminal Liability for Allowing a Child to Gain Access: The broadest laws apply regardless of whether the child even gains possession of the firearm. Massachusetts and Minnesota impose liability in circumstances where a child may (Massachusetts) or is likely to (Minnesota) gain access to a firearm. In Hawaii, Maryland, New Jersey and Texas, liability exists whenever a child gains access to an improperly stored firearm. In these states, it is not necessary for the child to use the firearm or cause any injury.

• States Imposing Criminal Liability Only if Child Uses or Possesses the Firearm: California, Connecticut, Florida, Illinois, Iowa, New Hampshire, North Carolina and Rhode Island require that the child possess or use the firearm in some way before liability attaches. In California, Connecticut, Illinois, Iowa, and Rhode Island, the statute applies when the child uses the firearm to cause death or serious injury. California, Iowa, Florida, New Hampshire and North Carolina also impose liability when the minor takes the firearm to a public place, and/or uses the firearm in a threatening manner. The New Hampshire and North Carolina statutes also impose liability when the child uses the firearm in the commission of a crime. • States Imposing Criminal Liability for Negligent Storage of Unloaded Firearms: Hawaii and Massachusetts impose liability even if the firearm is unloaded. In the case of handguns only, California imposes liability when the child carries a loaded or unloaded handgun off-premise. All other states require that the firearm be loaded for liability to attach. • Common Exceptions: States allow several exceptions to their child access prevention laws. The most common exception applies where the firearm is stored in a locked container (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, Texas). Another common exception applies where the minor gains access to the firearm via illegal entry of the premises (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, Texas). Other exceptions include cases where the firearm is used for hunting, sport shooting and/or agricultural purposes, where the minor uses the firearm in defense of self or others, where the firearm is used in aid of law enforcement, or where the child has completed a firearm safety course. • States Preventing Persons from Intentionally, Knowingly and/or Recklessly Providing Firearms to Minors: Several states impose a weaker standard for criminal liability when a child is allowed to access a firearm. Colorado, Delaware, Georgia, Indiana, Kentucky, Mississippi, Missouri, Nevada, Oklahoma, Tennessee, Utah, Virginia and Wisconsin prohibit persons from intentionally, knowingly, and/or recklessly providing some or all firearms to children. • All firearms: Indiana, Missouri, Nevada, Oklahoma and Utah laws apply to all firearms. • All loaded firearms: Delaware, Wisconsin and Virginia prohibit persons from providing loaded firearms to children. • Handguns only: Colorado, Georgia, Kentucky, Mississippi and Tennessee laws only prohibit providing handguns to minors. • Lesser standard for parents/guardians: Georgia, Indiana, Kentucky, Oklahoma, Tennessee and Utah impose a lesser standard on parents and guardians, providing that parents may be held liable for providing firearms to children only where they know of a substantial risk that the minor will use the firearm to commit a crime. • Definition of “Minor”: The age which triggers a state’s child access prevention law varies, ranging from children under 14 to those under 18. Under 18: California, Colorado, Delaware, Georgia, Indiana, Kentucky, Massachusetts, Minnesota, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, Tennessee, Utah Under 17: Texas Under 16: Connecticut, Florida, Hawaii, Maryland, New Hampshire, New Jersey, Rhode Island Under 14: Illinois, Iowa, Virginia, Wisconsin

• States Requiring that All Firearms Be Stored with a Locking Device in Place: Massachusetts and the District of Columbia require that all firearms be stored with locking devices in place to prevent accidental discharge. These laws are another important means to protect children from gaining unauthorized access to firearms and causing death or injury. • States Imposing Civil Liability on Persons Who Fail to Store Firearms Properly: California imposes civil liability on the parent/guardian of a minor for damages resulting from the minor’s discharge of a firearm, where the parent/guardian permitted the minor to have the firearm or left it accessible to the minor. Connecticut imposes strict liability in civil actions on persons who fail to store firearms securely, where a minor gains access and causes injury or death. In Illinois, when a minor under the age of 21 legally acquires a firearms license by obtaining the permission of a parent/guardian, that parent/guardian becomes liable for civil claims for damages resulting from the minor’s use of firearms or ammunition. In Nevada, a parent/guardian is jointly and severally liable with the minor for civil damages caused by permitting the minor to possess a firearm, where the parent/guardian knows or has reason to know that the minor has a propensity to commit violent acts, intends to use the firearm for an unlawful purpose, or has been previously adjudicated delinquent. Gun Safety Tips Owning a gun is a right. Protecting children is a responsibility. Prevent suicide and accidental injury by storing guns and ammunition safely. Talk to your children and their caregivers about gun safety. • Store guns and ammunition safely. Make sure guns are stored in a locked location, unloaded, and out of the reach and sight, especially from children. • Store ammunition separately, also store ammunication out of reach and sight of kids. • If you or another person living in your home is suicidal, immediately remove guns from the home. Ask a trusted friend or family member to store them until you or your loved one can get the help needed. • Make sure all guns are equipped with effective, child-resistant gun locks. Keep keys and combinations hidden. There are many options for firearm locks, including cable locks, trigger locks, personalized locks, lock boxes, and gun vaults or safes. Leaving guns on a nightstand, table, or other place where a child can gain access may lead to injuries or death. • Talk to your kids. Explain how a gun your kids might see on television or in a video game is different from a gun in real life. Teach kids not to touch a gun and to immediately tell an adult if they see one. • Talk to relatives and friends who your kids may visit. Ask them if they have guns in their home. Have a conversation with other family members and the parents of your children’s friends about safe gun storage practices. • Dispose of guns you don’t need. If you decide you no longer need to have a gun in the home, consult with community law enforcement on how to dispose of it in a safe way.

Gun Attorney Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

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National Firearms Act Of 1934

from https://www.ascentlawfirm.com/child-access-prevention-laws/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/child-access-prevention-laws

[coming-from-hell]

Child Access Prevention Laws

A child access prevention law (often abbreviated CAP law; also sometimes called a safe storage law) makes it illegal for an adult to keep a gun in a place and manner so that a child can easily access and fire it. Proponents of these laws, such as the Law Center to Prevent Gun Violence, argue that they are effective at reducing accidental gun deaths among children, since they reduce accessibility and thereby risk. The National Rifle Association has lobbied against such laws, arguing that they are ineffective and infringe on the rights of gun owners to protect their homes. “This poorly thought out legislation is without any consideration for personal circumstances.

It invades people’s homes and forces them to render their firearms useless in a self-defense situation by locking them up.”-National Rifle Association-Institute for Legislative Action on Seattle’s recently passed safe-storage ordinance (NRA-ILA 2018). CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children unsupervised access to guns. Gun safety advocates support CAP laws as a way to limit firearm-related homicides, as well as a way to decrease suicides among minors and the number of children killed by unintentional shootings. Guns in homes pose a clear safety risk, particularly to children. When household guns are not stored safely or securely, the risk of death or injury only increases. Child access prevention laws hold gun owners accountable for the safe storage of firearms, imposing liability for failing to take simple yet important measures to prevent guns from falling into young hands. Easy access to firearms in the home results in high rates of unintentional gun deaths among children, youth suicides, and school shootings. Child access prevention (CAP) laws are an important tool for reducing these child gun deaths. CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children to have unsupervised access to guns.

CAP laws may apply to all firearms, loaded firearms, or handguns only, and some states require that stored firearms include a locking device. Utah does not penalize an adult who recklessly or negligently allows a minor access to a firearm. In Utah, a parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor, defined as under age 18, who has been convicted of a violent felony or adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult. The state also prohibits any parent or guardian of a minor, where the parent or guardian knows that the minor is in possession of a firearm, from failing to make reasonable efforts to remove the firearm from the minor’s possession.

Minimum Age to Purchase & Possess a Gun in Utah

Too often, minors have also used their families’ unsecured firearms to intentionally perpetrate violence against others .Utah law provides that no person under age 18 may possess a handgun, sawed-off rifle, sawed–off shotgun, or fully automatic weapon. The state further prohibits any person under 18 years of age from possessing any other firearm (i.e., a rifle or shotgun) unless he or she: • Has the permission of one’s parent or guardian to have the weapon; or • Is accompanied by a parent or guardian while in possession of the gun. Exceptions regarding possession of handguns by minors include any person: • Firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided the firearms to be used are firmly chained or affixed to the counters; • In attendance at a hunter’s safety course or a firearms safety course; • Engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law; • Engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition; • Under age 18 who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law; • Who is a resident or nonresident hunter with a valid hunting license or other person who is lawfully engaged in hunting; or • Traveling to or from any activity described above with an unloaded firearm in one’s possession (except the provision related to target concessions where the firearms must be firmly chained or affixed to the counters). Any person under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult. An applicant for a concealed firearms permit must be 21 years of age or older. Applicants between the ages of 18 and 20 may apply for a provisional permit that allows the permittee to carry in the state without restriction except for elementary and secondary school campuses. Utah prohibits any person from selling handguns or long guns to a person under age 18 unless the person is accompanied by a parent or guardian.

Legal Definition of Dangerous Weapons on School Property

According to the state code, no one including Utah school kids is allowed to be in possession of any dangerous weapon, firearm or sawed-off shotgun on or around school properties. Possessing a dangerous weapon on or about school premises is a class B misdemeanor. If you decide to take a firearm or sawed-off shotgun onto school property, you’ll probably be charged with a class A misdemeanor. There is an exception to the above law. Someone, such as a school resource officer, who is authorized by the school administrator or who has a legal right to carry such a weapon can be excluded.

Description of State Child Access Prevention Laws

The majority of states have laws designed to prevent children from accessing firearms. The strongest laws impose criminal liability when a minor gains access to a negligently stored firearm. The weakest prohibit persons from directly providing a firearm to a minor. There is a wide range of laws that fall somewhere between these extremes, including laws that impose criminal liability for negligently stored firearms, but only where the child uses the firearm and causes death or serious injury. Weaker laws impose liability only in the event of reckless, knowing or intentional conduct by the adult. States also differ on the definition of “minor” for purposes of preventing access to firearms by children. Laws Imposing Criminal Liability when a Child Gains Access as a Result of Negligent Storage of a Firearm: Fourteen states (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, and Texas) have laws that impose criminal liability on persons who negligently store firearms, where minors could or do gain access to the firearm. Typically, these laws apply whenever the person “knows or reasonably should know” that a child is likely to gain access to the firearm. There are a number of variations in these types of laws, including whether the child must use the firearm, and whether the firearm must be loaded. The most significant variations are described below: • States Imposing Criminal Liability for Allowing a Child to Gain Access: The broadest laws apply regardless of whether the child even gains possession of the firearm. Massachusetts and Minnesota impose liability in circumstances where a child may (Massachusetts) or is likely to (Minnesota) gain access to a firearm. In Hawaii, Maryland, New Jersey and Texas, liability exists whenever a child gains access to an improperly stored firearm. In these states, it is not necessary for the child to use the firearm or cause any injury.

• States Imposing Criminal Liability Only if Child Uses or Possesses the Firearm: California, Connecticut, Florida, Illinois, Iowa, New Hampshire, North Carolina and Rhode Island require that the child possess or use the firearm in some way before liability attaches. In California, Connecticut, Illinois, Iowa, and Rhode Island, the statute applies when the child uses the firearm to cause death or serious injury. California, Iowa, Florida, New Hampshire and North Carolina also impose liability when the minor takes the firearm to a public place, and/or uses the firearm in a threatening manner. The New Hampshire and North Carolina statutes also impose liability when the child uses the firearm in the commission of a crime. • States Imposing Criminal Liability for Negligent Storage of Unloaded Firearms: Hawaii and Massachusetts impose liability even if the firearm is unloaded. In the case of handguns only, California imposes liability when the child carries a loaded or unloaded handgun off-premise. All other states require that the firearm be loaded for liability to attach. • Common Exceptions: States allow several exceptions to their child access prevention laws. The most common exception applies where the firearm is stored in a locked container (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, Texas). Another common exception applies where the minor gains access to the firearm via illegal entry of the premises (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, Texas). Other exceptions include cases where the firearm is used for hunting, sport shooting and/or agricultural purposes, where the minor uses the firearm in defense of self or others, where the firearm is used in aid of law enforcement, or where the child has completed a firearm safety course. • States Preventing Persons from Intentionally, Knowingly and/or Recklessly Providing Firearms to Minors: Several states impose a weaker standard for criminal liability when a child is allowed to access a firearm. Colorado, Delaware, Georgia, Indiana, Kentucky, Mississippi, Missouri, Nevada, Oklahoma, Tennessee, Utah, Virginia and Wisconsin prohibit persons from intentionally, knowingly, and/or recklessly providing some or all firearms to children. • All firearms: Indiana, Missouri, Nevada, Oklahoma and Utah laws apply to all firearms. • All loaded firearms: Delaware, Wisconsin and Virginia prohibit persons from providing loaded firearms to children. • Handguns only: Colorado, Georgia, Kentucky, Mississippi and Tennessee laws only prohibit providing handguns to minors. • Lesser standard for parents/guardians: Georgia, Indiana, Kentucky, Oklahoma, Tennessee and Utah impose a lesser standard on parents and guardians, providing that parents may be held liable for providing firearms to children only where they know of a substantial risk that the minor will use the firearm to commit a crime. • Definition of “Minor”: The age which triggers a state’s child access prevention law varies, ranging from children under 14 to those under 18. Under 18: California, Colorado, Delaware, Georgia, Indiana, Kentucky, Massachusetts, Minnesota, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, Tennessee, Utah Under 17: Texas Under 16: Connecticut, Florida, Hawaii, Maryland, New Hampshire, New Jersey, Rhode Island Under 14: Illinois, Iowa, Virginia, Wisconsin

• States Requiring that All Firearms Be Stored with a Locking Device in Place: Massachusetts and the District of Columbia require that all firearms be stored with locking devices in place to prevent accidental discharge. These laws are another important means to protect children from gaining unauthorized access to firearms and causing death or injury. • States Imposing Civil Liability on Persons Who Fail to Store Firearms Properly: California imposes civil liability on the parent/guardian of a minor for damages resulting from the minor’s discharge of a firearm, where the parent/guardian permitted the minor to have the firearm or left it accessible to the minor. Connecticut imposes strict liability in civil actions on persons who fail to store firearms securely, where a minor gains access and causes injury or death. In Illinois, when a minor under the age of 21 legally acquires a firearms license by obtaining the permission of a parent/guardian, that parent/guardian becomes liable for civil claims for damages resulting from the minor’s use of firearms or ammunition. In Nevada, a parent/guardian is jointly and severally liable with the minor for civil damages caused by permitting the minor to possess a firearm, where the parent/guardian knows or has reason to know that the minor has a propensity to commit violent acts, intends to use the firearm for an unlawful purpose, or has been previously adjudicated delinquent. Gun Safety Tips Owning a gun is a right. Protecting children is a responsibility. Prevent suicide and accidental injury by storing guns and ammunition safely. Talk to your children and their caregivers about gun safety. • Store guns and ammunition safely. Make sure guns are stored in a locked location, unloaded, and out of the reach and sight, especially from children. • Store ammunition separately, also store ammunication out of reach and sight of kids. • If you or another person living in your home is suicidal, immediately remove guns from the home. Ask a trusted friend or family member to store them until you or your loved one can get the help needed. • Make sure all guns are equipped with effective, child-resistant gun locks. Keep keys and combinations hidden. There are many options for firearm locks, including cable locks, trigger locks, personalized locks, lock boxes, and gun vaults or safes. Leaving guns on a nightstand, table, or other place where a child can gain access may lead to injuries or death. • Talk to your kids. Explain how a gun your kids might see on television or in a video game is different from a gun in real life. Teach kids not to touch a gun and to immediately tell an adult if they see one. • Talk to relatives and friends who your kids may visit. Ask them if they have guns in their home. Have a conversation with other family members and the parents of your children’s friends about safe gun storage practices. • Dispose of guns you don’t need. If you decide you no longer need to have a gun in the home, consult with community law enforcement on how to dispose of it in a safe way.

Gun Attorney Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

ATV Accident Lawyer Lindon Utah

Does A Legal Separation Protect You Financially?

Bankruptcy From Start To Finish

How Do I Send A DMCA Take Down Notice?

Government Liability And Immunity In Utah

National Firearms Act Of 1934

Source: https://www.ascentlawfirm.com/child-access-prevention-laws/