2nd Amendment Tuesdays

Every Tuesday at 10:25am, Bulldog Live! is joined by Attorney Penny Dean for 2nd Amendment Tuesdays. We discuss a number of issues affecting firearms owners from legislation to constitutional rights, firearms safety, court rulings and stories of people who have defended themselves with firearms.

Penny Dean's comments on HB536

Podcasts:
January 31, 2012- Listen here
Penny talked about a proposal to do away with the state "gun line". Here is Penny's testimony to the House Criminal Justice and Public Safety Committee last week.

January 24, 2012- Listen here
Penny talked about a number of bills being considered this week. Visit www.gonh.org for more info.

January 3, 2012- Listen here
Penny talked about the governor's scare tactics on three house bills that could be taken up tomorrow. Visit www.gonh.org for more info.

December 27, 2011- Listen here
Penny talked about a recent ruling by the NH Supreme Court that guts self-defense in the home.

December 20, 2011- Listen here
Penny talked about a recent ruling by the NH Supreme Court that could be damaging to gun owners.

December 13, 2011- Listen here
Penny talked about the protest at Plymouth State University and the Temporary Restraining Order issued against the protesters. Read RSA 159:26 which is the state preemption law.

December 6, 2011- Listen here
Penny talks more about the bill that would affirm the state pre-emption in gun laws that would prohibit colleges from banning firearms on campus.

November 29, 2011- Listen here
Penny talks about the bill that would affirm the state pre-emption in gun laws that would prohibit colleges from banning firearms on campus.

November 22, 2011- Listen here
Penny talks about the case of the hunter who got hurt and is suing the landowner. Penny also discuss a legislative amendment to “Conduct a study of the ability of State and local law enforcement authorities to verify the validity of licenses or permits, issued by other States, to carry a concealed firearm"

November 8, 2011- Listen here
Penny talks about a Florida law that should serve as a model for future legislation regarding a public official's interference with the rights of gun owners.

November 1, 2011- Listen here
Penny talks about the 5th Annual Summit Meeting at Pelham Fish & Game. Penny also talked about responses she received from her inquiries about counties actively campaigning against SB 88. You can read the following:
Penny's 91-A Request
Response from Carroll County
Response from Coos County
Response from Grafton County
Response from Hillsborough County
Response from Strafford County

October 18, 2011- Listen here
Penny continues the conversation about who can be disqualified from possessing firearms.

October 11, 2011- Listen here
Penny talked about recent federal court rulings on an individual right to carry a firearm.

October 4, 2011- Listen here
Penny talked about who can be disqualified from possessing firearms. 18 U.S.C. § 924 - Penalties. 18 U.S.C. § 921 : US Code - Section 921: Definitions.
US v. Essick, 935 F. 2d 28 - Court of Appeals, 4th Circuit 1991
“A knottier question is the allocation of the burden of proof. The government, of course, always bears the burden of proving each element of a crime beyond a reasonable doubt. The government contends that all it need do to prove a prior "conviction" in a § 922(g)(1) trial is to show that the defendant had once been convicted of a felony. The restoration of firearm and other civil rights, the argument continues, is properly a matter of defense. We disagree.”

United States v. Huet, 2010 U.S. Dist. LEXIS 123597 (W.D. Pa. Nov. 22, 2010)
Granted defendant's motion to dismiss indictment for aiding and abetting the possession of a firearm by a convicted felon in violation of federal law. The defendant, who was not prohibited by law from possessing guns, owned and kept a rifle in her home even though her significant other was a convicted felon. The court observed that "the crux of the government's case" against the defendant was her possession of the firearm within her home. The court held that the application of the federal "aiding and abetting" statute to the felon-in-possession prohibition "implicates the protections of the Second Amendment. Were this Court to permit this Indictment to go forward, the Court would be countenancing the total elimination of the right of a sane, non-felonious citizen to possess a firearm, in her home, simply because her paramour is a felon, and not because of some affirmative act taken by the citizen." The court concluded that the indictment represented a "substantial, if not unfettered, infringement on her Second Amendment right to keep arms."

September 27, 2011- Listen here
Penny talked about the importance of attending legislative subcommittee worksessions

September 20, 2011- Listen here
Penny talked about

September 13, 2011- Listen here
Penny talked about several court cases which ruled the police are not obligated to protect individuals.

September 6, 2011- Listen here
Penny talked about tomorrow's veto override vote on SB 88.

August 30, 2011- Listen here
Penny talked about Women on Target coming up on Sept. 10th at Pelham Fish & Game and a recent federal court case regarding videotaping of police officers.

August 16, 2011- Listen here
Penny talked about Women on Target coming up on August 27th at Pelham Fish & Game and why the ATF thinks you are a terrorist at the gun store.

August 9, 2011- Listen here
Penny talked about why the University System of NH gun bans may be in violation of NH law. See weapons policies: Granite State College
Keene State College
Plymouth State University
University of NH

August 2, 2011- Listen here
Penny talked about yesterday's Portsmouth Herald editorial in saying how people shouldn't be allowed to open carry.

July 26, 2011- Listen here

July 19, 2011- Listen here
Penny talked about the self-defense bill that Gov. Lynch vetoed. Read Gov. Lynch's veto message

July 12, 2011- Listen here
Penny talked about the self-defense bill that is waiting action by Gov. Lynch.

July 5, 2011- Listen here

June 28, 2011- Listen here
Penny talked about how you can lose your gun rights.

June 21, 2011- Listen here
Penny talked about one piece of legislation sure to get some attention next year and about Women on Target.

June 14, 2011- Listen here
Penny discusses a Guiness Book of World Records ban on firearms records and some complicated issues in the NH legislature.

May 10, 2011- part 1    part 2

May 3, 2011- part 1    part 2

April 26, 2011- part 1    part 2
* Penny talked about local gun bans in Sandown and Concord and why they are illegal. Read Penny's letter to Sandown Selectmen.
* Penny also discussed amendments to HB 330. Read Luther Amendment

April 19, 2011- part 1    part 2

April 12, 2011- part 1    part 2

April 5, 2011- part 1    part 2
* Penny talked about carrying guns into courthouses and an update on two pieces of legislation such as the "stand your ground" and Ward Bird" bills.

March 29, 2011- part 1    part 2
* Penny continued her discussion on interstate transportation of firearms and license to carry.

March 22, 2011- part 1    part 2
* Penny talked about interstate transportation on firearms.
* Read amended HB 300    18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

March 15, 2011- part 1    part 2
* Penny talked about bills, bills and more bills.
* Read amended HB 300    18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

March 9, 2011- part 1    part 2
* Penny talked about legislation in the state house, particularly HB 300 "Constitutional Carry".
* Read amended HB 300    18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

March 1, 2011- part 1    part 2
* Penny talked about legislation in the state house
* Read Rick Olson's analysis of HB 29

February 22, 2011- part 1    part 2

February 15, 2011- part 1    part 2
* Penny talked about HB 536 which would allow for carrying of a firearm without a license and the fact it hasn't received a public hearing in the House Criminal Justice and Public Safety Committee after House leadership openly expressed their displeasure with the bill. House Speaker Bill O'Brien can be reached at 228-6610 and committee chair Elain Swinford of Barnstead can be reached at 776-0274. A spokeswoman for the House Speaker tells Bulldog Live! that the speaker has nothing to do with scheduling committee hearings, that is the responsibility of the committee clerk 271-3565.
* Penny also discussed interstate transportation of firearms.

February 8, 2011- part 1    part 2
* Penny talked about the pistol license process- how to get one, how many days to get one and what to watch out for.
* Penny also discussed two pieces of legislation dealing with repealing pistol license requirements.

February 1, 2011- part 1    part 2
* Penny discussed NY City Mayor Michael Bloomberg's out-of-state gun sting operations. She also discussed carrying guns into state bukildings and courthouses.
* Penny continued a series of discussions about interstate transport of firearms.

January 25, 2011- part 1    part 2
* Peny discussed legislative hearings today on hunter safety sertificate revocation authority and allowing for carrying a loaded shotgun in a vehicle. * Penny continued a series of discussions about interstate transport of firearms.

January 18, 2011- part 1    part 2
* Penny discussed legislation that would allow people to petition the Superior Court over denial of a pistol license, HB 29 * Penny continued a series of discussions about interstate transport of firearms.

January 11, 2011- part 1    part 2
* Penny gave her reaction to the Tuscon, AZ shootings and calls for gun control and "gun-free" zones. * Penny continued a series of discussions about interstate transport of firearms.

January 4, 2011- part 1    part 2
* Penny began a series of discussions about interstate transport of firearms.
* NH Pistol and Revolver Licensing

December 28, 2010- part 1    part 2
* Penny talked about a news story that says she compared a recent road rage incident with the actions of Ward Bird saying she never made that comparison insisting that she was talking about the minimum mandatory sentences.
* Penny also discussed is your FFL dealer diming you out and you never know it? Read the memo and this one too.

December 21, 2010- part 1    part 2
* Penny talked about a proposed ATF rule that would mandate reporting the sale of 2 or more certain long guns, Read More. Federal Register Notice
* Penny also discussed a case where a man was arrested on suspicions of being drunk in public and the local police got blood tests from the hospital without a warrant. Read THE STATE OF NEW HAMPSHIRE v. JACOB DAVIS

December 14, 2010- part 1    part 2
* Penny responded to e-mails about last week's discussion on "Terry Stops". Penny talked about signs on private property.

December 7, 2010- part 1    part 2
* Penny talks about a recent state Supreme Court decision regarding a police srach of a property and the resident's expectation of privacy. * Penny also discussed what you should when approached by a police officer on the street.

November 30, 2010- part 1    part 2
* Penny talked about the Ward Bird case and protection of property. Penny also touched on Interstate Commerce of firearms.

November 23, 2010- part 1    part 2
* Penny talked about the Ward Bird case.

November 9, 2010- part 1    part 2
* Penny talked about the jury's verdict in the Spader trial handed down just moments ago and how this case got people to thinking about how would they act in a home invasion scenario. Penny also talked about a civil rights lawsuit in the case of a Bristol man whose home was raided by a number of police agencies in what may have been an excessive use of force.

November 2, 2010- part 1    part 2
* Penny talked about rules of evidence in a trial and what knowledge you have is admissible. Penny also talked about how mnay rounds you should go through after purchasing a new gun.

October 26, 2010- part 1    part 2
* Penny talked about a pro se litigant winning a case involving carrying a firearm. Penny also talked about how the principles of law can carry across all subject matter.

October 19, 2010- part 1    part 2
* Penny talked about disparities in numbers and force in self-defense cases.

October 12, 2010- part 1    part 2
* Penny talked about the Johnathan Irish and Stephanie Taylor case in which their child was taken by DCYF by an affidavit that stated in part their affiation with a group called "Oath Keepers" and that he recently purchased guns.

October 5, 2010- part 1    part 2
* Penny talked about the lawsuit of Belsito Communications and Brian Blacken v. NH State Trooper James Decker and the NH State Police.

September 28, 2010- part 1    part 2
* Penny talked about annulments.

September 21, 2010- part 1    part 2
* Penny talked about entrapment.

September 14, 2010- part 1    part 2
* Penny talked about today's Primary election.

September 7, 2010- part 1    part 2
* Penny talked about court processes in self defense cases. Here's the link the Tueller Drill.

August 31, 2010- part 1    part 2
* Penny talked about a possible upcoming gun ban at Concord Hospital. * Penny also discussed how to handle a police demand to seize your property.

August 24, 2010- part 1    part 2
* Penny talked about the Pelham Fish & Game "Women on Target" Sept. 18, 2010 (rain date Sep 19th right?) Denise Bergeron in charge email, db03076@aol.com and phone 635-8311 Students $20.00 everyone else $30.00 you will get that much in ammo. And lunch!
* Penny also discussed the Farmington PD possible violation of the law in their letter to references. Also the Town of Barrington's "gun registration"

August 17, 2010- part 1    part 2
* Penny talked about carrying guns on motorcycles, in cars and state borders.
* Penny also discussed a proposal to ban martial arts weapons in Hampton.

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