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2nd Amendment Tag

So, this happened: the 4th Circuit released an en banc decision involving a traffic stop in which a concealed carrier passenger was frisked by police, and much of the gun owning community lost its mind in a manner reminiscent of Rachel Maddow. The gist of much of the media coverage--particularly the coverage from the right--was the law abiding people who CCW have effectively been wholly stripped of their 4th Amendment rights.  Is there no Constitutional safe space for these poor folks? Given the histrionics, it's worth taking a look at the actual facts of the case (indeed, it's worth reading the entire decision, including the concurrence and dissent, so I've embedded that below). Before I begin, however, I feel that I ought to provide some context.  I, myself, routinely carry a concealed firearm for personal protection. You can read "routinely" to mean wherever and whenever lawful.  I've been doing so for my entire adult life.

A Texas grandmother named Rebbie Roberson was minding her business in her own home Sunday night when an uninvited intruder appeared. Luckily for Roberson, she was armed and ready. CNN reports:
Pistol-packing grandma turns tables on armed intruder Rebbie Roberson wasn't having it. A man wearing a mask and gloves was standing in her house after he broke in Sunday night. "When I started to get up, he was in here on me with a gun facing me right to my face," she told CNN affiliate KSLA.

For those of us in the gun rights and concealed carry community (and old enough to have been around) the 1990s was a pivotal decade. When it began, there were only 15 states that would issue concealed carry permits to private citizens based on objective criteria and just one that required no permit at all to carry concealed. In contrast an almost identical number (14) that would not issue such permits under any circumstances. In 1992 Bill Clinton was elected President, and working with a largely Democrat Congress he managed to pass the infamous “Assault Weapons Ban” that also limited magazine capacities to 10 rounds.

After a deadly school shooting in October that killed a six-year-old student, South Carolina Rep. Joshua Putnam (R) introduced a new bill that would allow teachers to carry a gun to protect children:
“It would incorporate mostly live shooter scenarios. So then teachers are familiar with how to approach that gunman on campus, how to interact with getting children away from... danger situations and how to confront that until law enforcement arrives,” said Putnam.

The anti-Trump riots in Portland were vicious. KGW8 has numerous videos of the rioting. This poor woman, who apparently was pregnant, was attacked in her car by the mob. (Original video at KGW8) Rioters trashed everything in sight, but backed off when a man stood in front of his apartment building holding a gun, as he shouted they were calling 911.

Citizens have set an October gun sales record by having the FBI process over 2.3 million background checks, meaning 2016 could become the biggest year ever for guns. Every month has set a record for the past 18 months. The 2,333,539 checks through the National Instant Criminal Background Check (NICS) in October is 350,000 more than October 2015.

In 2012, the families of the Sandy Hook victims sued Remington Arms for selling a perfectly legal weapon in a perfectly legal way.  The lawsuit argued that the sale of the a weapon that has "no reasonable civilian purpose" made Remington responsible for wrongful death.  On Friday, a Connecticut judge dismissed the Sandy Hook families' suit against Remington Arms. Reuters reports:
A Connecticut judge on Friday dismissed a lawsuit filed by the families of some of the 26 young children and adults killed at the Sandy Hook Elementary school in 2012, saying the maker of the rifle used in the attack had "broad immunity" under federal law. The lawsuit, filed in December 2014 and seeking unspecified financial damages, said the AR-15 military-syle assault weapon used in the attack in Newtown, Connecticut, should never have been sold to the gunman's mother, Nancy Lanza, because it had no reasonable civilian purpose.

As LI readers are well-aware, we value and seek to protect the Second Amendment.  A stance, it would seem, Team Hillary rejects.  A Project Veritas release shows Russ Feingold stating that Hillary "might" issue executive orders on guns should she be elected next month. The Washington Free Beacon reports:
Russ Feingold, the former Democratic senator from Wisconsin who is running again in an attempt to win back his old Senate seat, was recorded at a fundraiser saying that Hillary Clinton might issue an executive order on guns. The video was captured by James O’ Keefe’s Project Veritas at an Aug. 17, $2,700 per-head fundraiser held at the Palo-Alto, Calif., home of Democratic donors Amy Rao and Harry Plant. Palo-Alto is located 10 minutes away from Stanford University, where Feingold taught after leaving his position as a special envoy at the U.S. State Department. Feingold can be heard in the video discussing what Hillary Clinton could do in relation to guns if she were to be elected president. “If there’s still Republican control in Congress, and if Hillary is elected, is there anything she can do to uhh…,” a person asks Feingold within the video. “Well, there might be an executive order,” Feingold responds.

2016 has been an amazing year for gun sales and September was an all time record breaker. Maybe people are worried that Obama may use his last few months in office to infringe their gun rights? The Washington Examiner reports:
Gun sales hit 17th straight monthly record, up 27 percent Gun sales hit the 17th consecutive monthly record in September according to FBI data released on Monday, and overall sales are up 27 percent compared to the same period last year.

According to the Wall Street Journal, "Federal agents have persuaded police officers to scan license plates to gather information about gun-show customers, government emails show, raising questions about how officials monitor constitutionally protected activity." The activity revealed in the emails suggests that the known incidents are limited to border control and occurred in California in 2010. The WSJ continues:
Emails reviewed by The Wall Street Journal show agents with the Immigration and Customs Enforcement agency crafted a plan in 2010 to use license-plate readers—devices that record the plate numbers of all passing cars—at gun shows in Southern California, including one in Del Mar, not far from the Mexican border. Agents then compared that information to cars that crossed the border, hoping to find gun smugglers, according to the documents and interviews with law-enforcement officials with knowledge of the operation. The investigative tactic concerns privacy and guns-rights advocates, who call it an invasion of privacy. The law-enforcement officials say it is an important and legal tool for pursuing dangerous, hard-to-track illegal activity.

In July, Massachusetts Attorney General Maura Healey issued a statement in which she announced her unilateral ban on "assault weapons," including "copycat assault weapons." On Thursday, the Washington Free Beacon reports, "the National Shooting Sports Foundation (NSSF), the largest trade association in the firearms industry, in conjunction with four Massachusetts gun dealers filed the suit against Attorney General Maura Healey (D.) in response to her attempt to redefine the state’s assault weapons ban." The Washington Free Beacon continues:
Healey announced on July 20 that she was officially reinterpreting the language of the state’s decades-old ban. She said she would be vastly expanding what constitutes a so-called “copycat” of guns that are explicitly banned under the statute and accused the gun industry of skirting the law for years. “The gun industry has openly defied our laws here in Massachusetts for nearly two decades,” Healey said in her announcement. “That ends today. We have a moral and legal responsibility to ensure that combat-style weapons are off our streets and out of the hands of those who would use them to kill innocent people.”