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U.S. Can’t Bar Man Convicted of Nonviolent Crime From Owning Gun, Court Rules

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U.S. Can’t Bar Man Convicted of Nonviolent Crime From Owning Gun, Court Rules

A federal appeals court ruled on Tuesday that a man who committed a nonviolent crime cannot be legally prevented from owning a firearm — a potential setback to gun regulations spurred by a Supreme Court ruling last year that vastly expanded the right to bear arms.

In an 11-to-4 ruling, the U.S. Court of Appeals for the Third Circuit overturned decisions by lower courts that had prevented Bryan Range, a Pennsylvania resident who had sued the state after being blocked from buying a shotgun for hunting and self-protection over a conviction for lying on a benefits application in the 1990s.

In a majority opinion, Judge Thomas M. Hardiman repeatedly cited the Supreme Court ruling last June, written by Justice Clarence Thomas, in which the majority established a new standard that dictated that gun laws conform to “historical traditions” dating to the 18th and 19th centuries.

“In sum, we reject the government’s contention that only ‘law-abiding, responsible citizens’ are counted among ‘the people’ protected by the Second Amendment,” wrote Judge Hardiman, a George W. Bush appointee who was on former President Donald J. Trump’s short list to serve on the Supreme Court after the death of Antonin Scalia in 2016.

It is unclear whether the ruling applies to similar cases: Mr. Range’s lawyer, Michael P. Gottlieb, said he brought the case for the “benefit of my client only” and believes it will make its way to the Supreme Court if the Justice Department appeals.

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A spokeswoman for the department did not immediately return a request for comment.

Three judges, concurring with the majority, wrote that the decision “does not spell doom” for a section of federal law that strips gun ownership from anyone “convicted in any court of a crime punishable by imprisonment for a term exceeding one year.”

Judge Hardiman wrote that his opinion was “narrow.” But in a sharply worded dissent, Judge Patty Shwartz, an Obama appointee, said that the majority opinion would set a broad and dangerous precedent.

“While my colleagues state that their opinion is narrow, the analytical framework they have applied to reach their conclusion renders most, if not all, felon bans unconstitutional,” she wrote.

Judge Hardiman argued that punishing Mr. Range by revoking his gun rights for an offense that did not involve violence gave lawmakers too much power “to manipulate the Second Amendment” by labeling as a criminal someone, like Mr. Range, who has led an otherwise law-abiding life.

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Federal laws bar people convicted of state or federal crimes that are punishable by more than a year in prison from buying weapons. In some states, including Pennsylvania, the federal ban takes effect after conviction on a misdemeanor that has a potential sentence of at least a year.

The decision, which was closely watched by national groups on both sides of the firearms debate, is the latest in a succession of federal court rulings that roll back existing gun regulations.

But most of those cases have been heard in the lower courts and only one other, over a decision that restored gun ownership rights to a man who was under a restraining order in a domestic violence case, reached a federal appeals court, in New Orleans.

Charlie Savage contributed reporting.

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Video: Biden Says MAGA Movement Rejects Basic Beliefs of Democracy

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Video: Biden Says MAGA Movement Rejects Basic Beliefs of Democracy

new video loaded: Biden Says MAGA Movement Rejects Basic Beliefs of Democracy

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Biden Says MAGA Movement Rejects Basic Beliefs of Democracy

President Biden delivered a blistering and direct attack on former President Donald J. Trump during a visit to Arizona.

There’s something dangerous happening in America now. There’s an extremist movement that does not share the basic beliefs in our democracy — the MAGA movement. Not every Republican, not even a majority of Republicans adhere to the MAGA extremist ideology. I know because I’ve been able to work with Republicans my whole career. But there’s no question that today’s Republican Party is driven and intimidated by MAGA Republican extremists. Their extreme agenda, if carried out, would fundamentally alter the institutions of American democracy as we know it. My friends, they’re not hiding their attacks. They’re openly promoting them. Attacking the free press as the enemy of the people. Attacking the rule of law as an impediment. Fomenting voter suppression and election subversion. Did you ever think we’d be having debates at your stage of your careers where banning books, banning books and burying history. Extremists in Congress more determined to shut down the government, to burn the place down than to let the people’s business be done.

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Former Michigan marijuana board head gets almost 5 years in federal prison

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Former Michigan marijuana board head gets almost 5 years in federal prison

A man formerly known as a powerful Michigan lawmaker was sentenced Thursday to nearly five years in federal prison for accepting bribes as head of a marijuana licensing board.

Rick Johnson admitted accepting at least $110,000 when he led the board from 2017 to 2019.

“I am a corrupt politician,” Johnson told the judge, according to The Detroit News.

FORMER HEAD OF MICHIGAN MARIJUANA LICENSING BOARD PLEADS GUILTY TO BRIBERY

Johnson was a powerful Republican lawmaker years ago, serving as House speaker from 2001 through 2004. He then became a lobbyist, and ultimately chair of a board that reviewed and approved applications to grow and sell marijuana for medical purposes.

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U.S. District Judge Jane Beckering sentenced Johnson to about 4.5 years in prison.

 Rick Johnson chairs the committee as it meets before a capacity crowd in Lansing, Michigan, June 26, 2017. (Dale G Young/Detroit News via AP, File)

“You exploited your power, and you planned it out even before you got the appointment,” Beckering said.

Two lobbyists who referred to Johnson as “Batman” in text messages have also pleaded guilty to bribery-related charges. A Detroit-area businessman who paid bribes, John Dalaly, was recently sentenced to more than two years in prison.

FEDS LAND FIRST GUILTY PLEA IN MICHIGAN MARIJUANA BOARD CORRUPTION PROBE

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Prosecutors had recommended a nearly six-year prison term for Johnson. In a court filing, they said one of the lobbyists paid for him to have sex with a woman.

“Rick Johnson’s brazen corruption tainted an emerging industry, squandered the public’s trust and scorned a democracy that depends on the rule of law,” U.S. Attorney Mark Totten said after the hearing.

Michigan voters legalized marijuana for medical purposes in 2008. A decade later, voters approved the recreational use of marijuana.

Gov. Gretchen Whitmer abolished the medical marijuana board a few months after taking office in 2019 and put oversight of the industry inside a state agency.

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Higher wages are coming for California’s fast-food workers. Here’s what to know about the new law

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Higher wages are coming for California’s fast-food workers. Here’s what to know about the new law

Gov. Gavin Newsom on Thursday signed into law a sweeping deal his office helped forge between fast-food companies and unions that will give workers in the industry a pay increase next year.

The legislation represent a rare peace agreement, hammered out in negotiations over the summer, that allows businesses and unions to avoid a costly statewide ballot measure fight over wages.

“I can assure you this wasn’t easy,” said Newsom, who signed Assembly Bill 1228 surrounded by ecstatic union workers in Los Angeles. “That was a tectonic plate that had to be moved.”

Beyond the complex politics involved, the deal provides a series of benefits to workers, and some key concessions to employers, that will kick in next year.

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Here’s what you need to know about the agreement:

What will the new law do for workers?

The law Newsom signed Thursday has several perks for workers, including:

  • A pay increase to $20 per hour on April 1, which applies to California workers employed by any fast-food chain that has more than 60 locations across the country. California’s minimum wage is currently $15.50 for all workers. Statewide, the increase is estimated to affect more than 500,000 workers.
  • The possibility of annual wage increases, beginning Jan. 1, 2025, of either 3.5% or an amount based on average changes to the consumer price index each year, whichever is lower. A council of representatives of workers and employers will work with state agencies to determine if future increases should be given and if the bumps would apply to fast-food workers statewide or in specific regions.
  • In addition to wages, the council can also work with state agencies to recommend minimum standards for employee hours and other working conditions.
  • As part of the larger agreement, the Service Employees International Union California avoids a ballot measure fight that would have cost millions of dollars and can instead redirect union workers to knock on doors and make calls in support of other labor priorities in 2024.

How is this different than the prior fast-food law that was signed last year?

Labor unions successfully pushed Assembly Bill 257, also known as the Fast Food Accountability and Standards Recovery Act, through the state Legislature last year.

The initial fast-food law, which Newsom signed last September, created a statewide 10-member fast-food council and regional councils composed of labor and employer representatives tasked with setting minimum wage, employee hours and working condition standards in California.

Under the law, the council could have increased the minimum wage up to $22 an hour in 2024 for employees of chains with more than 100 restaurants.

Fast-food companies quickly launched a successful campaign to qualify a referendum on the ballot to reverse AB 257, which paused the law from taking effect until a statewide vote in November 2024.

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Under the new agreement reached between fast food companies and labor, the referendum will be removed from the ballot and the new law, AB 1228, will override AB 257 from last year.

What did fast-food companies get out of the deal?

Under the final five-year peace agreement that expires in 2029, fast-food companies won some concessions and staved off several potential burdens that unions created as incentives to convince businesses to come to the table and negotiate. Those include:

  • Unions agreed to pause efforts to pass a law to make fast-food franchisors legally liable for labor violations committed by franchisees, which could have increased legal costs and fines for corporations.
  • Localities will not be able to force fast-food companies to increase wages regionally for workers beyond bumps approved by the state.
  • Labor had convinced state lawmakers and the governor to revive the defunct Industrial Welfare Commission under the state budget earlier this year. The commission would have had more authority to raise wages without limits and to enact workplace conditions for fast-food and other California industries. The commission served as an insurance policy for unions if the fast-food industry’s referendum on AB 257 succeeded and the original fast-food council was nullified. Lawmakers agreed to defund the IWC as part of the deal.
  • Fast-food companies also save millions of dollars by calling off the referendum battle over AB 257.

Who will sit on the new council?

The new Fast Food Council, which is similar to the original council created under AB 257, will consist of nine voting members:

  • Two representatives of the fast-food restaurant industry
  • Two franchisees or restaurant owners
  • Two restaurant employees
  • Two advocates for fast-food restaurant employees.
  • One member of the public who is not affiliated with either side and will serve as chair.

The council will also have two non-voting members from the Department of Industrial Relations and the Governor’s Office of Business and Economic Development.

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