Senate rejects firearms on more federal lands

Published May 08, 2013

Associated Press

The Senate has rejected an effort to expand the use of firearms on the heavily visited lands of the Army Corps of Engineers in a congressional victory for gun control supporters.

The vote for the proposal by Sen. Tom Coburn was 56-43 for the legislation, but that fell short of the 60 votes needed.

The measure would have let people carry guns onto Corps property for any legal purpose. They currently can only be used there for activities like hunting or target shooting.

The agency oversees nearly 12 million acres containing dams, lakes and trails used for recreation by 370 million visitors annually.

The Oklahoma Republican said the right to bear arms should be the same on Corps property as it already is in national parks. Opponents said the weapons could threaten critical facilities like dams and flood control projects.

The Senate killed an effort last month expanding background checks for more gun buyers.

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North Carolina resolution rejects authority of federal courts

Published April 03, 2013

Associated Press

RALEIGH, N.C. –  Two North Carolina lawmakers have filed a resolution asserting that federal courts don't have the authority to decide what is constitutional and the state can make its own laws on the establishment of religion.

Two Rowan County lawmakers proposed the resolution Monday, along with 11 co-sponsors. It declares the state's sovereignty and rejects the authority of federal courts' rulings on religion in North Carolina or on any constitutional issue.

Chris Brook of the North Carolina American Civil Liberties Union says it's unfortunate the state is re-litigating issues that have been resolved for centuries.

Republican Reps. Carl Ford and Harry Warren sponsored the bill. Warren says the bill is only intended to allow Rowan County commissioners to open their meetings with prayers, not to establish a state religion.

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Judge rejects Louisiana law barring felons from owning guns

Published March 22, 2013

Associated Press

NEW ORLEANS –  A New Orleans judge says a state law forbidding certain felons from possessing firearms is unconstitutional in light of an amendment passed last year that makes the right to bear arms a "fundamental right" in Louisiana.

District Judge Darryl Derbigny's ruling Thursday sends the issue straight to the Louisiana Supreme Court, which must decide whether the statute infringes on Louisiana citizens' now-enhanced right to gun possession.

The Times-Picayune reports the Orleans Parish public defenders' office challenged the constitutionality of the statute on behalf of a half-dozen clients, all charged with being a felon in possession of a firearm.

If the Supreme Court sides with Derbigny, the law will be scrapped and the Legislature forced to rewrite it.

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Court rejects Florida law requiring drug testing for welfare recipients

TALLAHASSEE, Fla. –  A federal appeals court Tuesday upheld a temporary ban on a law requiring drug testing of Florida's welfare recipients.

The 11th U.S. Circuit Court of Appeals in Atlanta ruled that a lower court was right to temporarily halt enforcement of the state's drug-testing program. The opinion said the state of Florida hadn't shown a "substantial special need" for such mandatory drug testing.

The ruling, authored by Circuit Judge Rosemary Barkett, added that "there is nothing inherent to the condition of being impoverished that supports the conclusion that there is a `concrete danger' that impoverished individuals are prone to drug use."

Tuesday's decision means that the law will continue to not be enforced as the courts continue to resolve the underlying legal issues.

Florida officials previously argued that Temporary Assistance for Needy Families, or TANF, benefits are intended to ensure family stability and child welfare, and that drug use subverts both of those aims.

But opponents said drug testing as a condition of getting welfare benefits is an unconstitutional search and seizure.

Florida's law requires welfare applicants to pay for and pass a drug test to get benefits. The drug testing was in effect in the latter half of 2011 before being halted by a federal judge. The American Civil Liberties Union had challenged the law's constitutionality.

The state then appealed the preliminary injunction to the 11th Circuit.

The circuit court's opinion also dismissed the state's argument that the testing for drugs without suspicion is OK because potential recipients sign a consent form.

The court said the state cannot condition welfare benefits "on the applicant's forced waiver" of his constitutional right.

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