<iframe style="border: none" src="//html5-player.libsyn.com/embed/episode/id/5308680/height/90/width/1080/theme/custom/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/backward/render-playlist/no/custom-color/4a7c0c/" height="90" width="1080" scrolling="no" allowfullscreen webkitallowfullscreen mozallowfullscreen oallowfullscreen msallowfullscreen></iframe>
SOTG 582 - Carpetbaggers in California & New FDA Tobacco Regulations

SOTG 582 – Carpetbaggers in California & New FDA Tobacco Regulations
(Mean Arms)

What are carpetbaggers and from where did the term originate? The current state of affairs in the Socialist People’s Republic of California have modern carpetbaggers popping up all over to take advantage of the situation. Are these people helping or hurting?

Professor Paul starts the episode out HOT, discussing newly released regulations from the FDA. You may be surprised as to what these regulations restrict!

Our SWAT Fuel Warrior of the Week has a question about concealed carry reciprocity and travel from state to state. Professor Paul will discuss his “go to” resource for gun laws and CCW reciprocity and explain the reason for his decision.

Brought to you by Silencer Shop!

Topics Covered During This Episode:

  • FDA protects Americans from Tobacco – FDA takes significant steps to protect Americans from dangers of tobacco through new regulation: www.fda.gov
  • Warrior of the Week brought to you by SWAT Fuel: State Reciprocity Resource
  • Gun Laws State-by-State: www.nraila.org
  • Carpetbaggers and comfortable slaves in California – Carpetbagger = a person perceived as an unscrupulous opportunist.
  • California Shall Issue State Bill: leginfo.legislature.ca.gov

Free “Five Strategies” Book

5-Strategies-Book-Sidebar-CTA

5 Strategies Book

SOTG Apparel

SOTG Apparel

Get our Apparel

Use Code “SOTG2015”

Swat Fuel

Swat Fuel

Related Videos:
Sources:

Please visit www.SilencerShop.com and take a look at what they have in stock!

Get Your Student of the Gun Tattoo Here: www.lauerweaponry.com

From www.fda.gov:

Today, the U.S. Food and Drug Administration finalized a rule extending its authority to all tobacco products, including e-cigarettes, cigars, hookah tobacco and pipe tobacco, among others. This historic rule helps implement the bipartisan Family Smoking Prevention and Tobacco Control Act of 2009 and allows the FDA to improve public health and protect future generations from the dangers of tobacco use through a variety of steps, including restricting the sale of these tobacco products to minors nationwide.

“We have more to do to help protect Americans from the dangers of tobacco and nicotine, especially our youth. As cigarette smoking among those under 18 has fallen, the use of other nicotine products, including e-cigarettes, has taken a drastic leap. All of this is creating a new generation of Americans who are at risk of addiction,” said HHS Secretary Sylvia Burwell. “Today’s announcement is an important step in the fight for a tobacco-free generation – it will help us catch up with changes in the marketplace, put into place rules that protect our kids and give adults information they need to make informed decisions.”

Tobacco use is a significant public health threat. In fact, smoking is the leading cause of preventable disease and death in the United States and responsible for 480,000 deaths per year. While there has been a significant decline in the use of traditional cigarettes among youth over the past decade, their use of other tobacco products continues to climb. A recent survey supported by the FDA and the Centers for Disease Control and Prevention shows current e-cigarette use among high school students has skyrocketed from 1.5 percent in 2011 to 16 percent in 2015 (an over 900 percent increase) and hookah use has risen significantly. In 2015, 3 million middle and high school students were current e-cigarette users, and data showed high school boys smoked cigars at about the same rate as cigarettes. Additionally, a joint study by the FDA and the National Institutes of Health shows that in 2013-2014, nearly 80 percent of current youth tobacco users reported using a flavored tobacco product in the past 30 days – with the availability of appealing flavors consistently cited as a reason for use.

Before today, there was no federal law prohibiting retailers from selling e-cigarettes, hookah tobacco or cigars to people under age 18. Today’s rule changes that with provisions aimed at restricting youth access, which go into effect in 90 days, including:

  • Not allowing products to be sold to persons under the age of 18 years (both in person and online);
  • Requiring age verification by photo ID;
  • Not allowing the selling of covered tobacco products in vending machines (unless in an adult-only facility); and
  • Not allowing the distribution of free samples.

The actions being taken today will help the FDA prevent misleading claims by tobacco product manufacturers, evaluate the ingredients of tobacco products and how they are made, as well as communicate their potential risks.

Today’s rule also requires manufacturers of all newly-regulated products, to show that the products meet the applicable public health standard set forth in the law and receive marketing authorization from the FDA, unless the product was on the market as of Feb. 15, 2007. The tobacco product review process gives the agency the ability to evaluate important factors such as ingredients, product design and health risks, as well as their appeal to youth and non-users.

Under staggered timelines, the FDA expects that manufacturers will continue selling their products for up to two years while they submit – and an additional year while the FDA reviews – a new tobacco product application. The FDA will issue an order granting marketing authorization where appropriate; otherwise, the product will face FDA enforcement.

For decades, the federal government and the public health community have fought to protect people from the dangers of tobacco use. Since the first Surgeon General’s report on Smoking and Health in 1964, which warned Americans about the risks associated with smoking, significant progress has been made to reduce smoking rates among Americans. In fact, tobacco prevention and control efforts have saved at least 8 million lives in the last 50 years, according to the 2014 Surgeon General’s Report on the Health Consequences of Smoking. In 2009, Congress took a historic step in the fight for public health by passing the bipartisan Family Smoking Prevention and Tobacco Control Act (TCA) giving the FDA authority to regulate the manufacturing, distribution and marketing of tobacco products to protect the public health.

Today’s action marks a new chapter in the FDA’s efforts to end preventable tobacco-related disease and death and is a milestone in consumer protection.

“As a physician, I’ve seen first-hand the devastating health effects of tobacco use,” said FDA Commissioner Robert M. Califf, M.D. “At the FDA, we must do our job under the Tobacco Control Act to reduce the harms caused by tobacco. That includes ensuring consumers have the information they need to make informed decisions about tobacco use and making sure that new tobacco products for purchase come under comprehensive FDA review.”

Today’s actions will subject all manufacturers, importers and/or retailers of newly- regulated tobacco products to any applicable provisions, bringing them in line with other tobacco products the FDA has regulated under the TCA since 2009.

These requirements include:

  • Registering manufacturing establishments and providing product listings to the FDA;
  • Reporting ingredients, and harmful and potentially harmful constituents;
  • Requiring premarket review and authorization of new tobacco products by the FDA;
  • Placing health warnings on product packages and advertisements; and
  • Not selling modified risk tobacco products (including those described as “light,” “low,” or “mild”) unless authorized by the FDA.

“This final rule is a foundational step that enables the FDA to regulate products young people were using at alarming rates, like e-cigarettes, cigars and hookah tobacco, that had gone largely unregulated,” said Mitch Zeller, J.D., director of the FDA’s Center for Tobacco Products. “The agency considered a number of factors in developing the rule and believes our approach is reasonable and balanced. Ultimately our job is to assess what’s happening at the population level before figuring out how to use all of the regulatory tools Congress gave the FDA.”

To assist the newly-regulated tobacco industry in complying with the requirements being announced today, the FDA is also publishing several other regulatory documents that provide additional clarity, instructions and/or the FDA’s current thinking on issues specific to the newly-regulated products.

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

From leginfo.legislature.ca.gov:

An act to amend Sections 26150, 26155, and 26202 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 757, as amended, Melendez. Firearms: concealed carry licenses.

Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.

This bill would instead require the sheriff of a county, or the chief or other head of a municipal police department, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified, if good cause exists and the applicant is of good moral character.

This bill would define “good cause” for these purposes to include self-defense, defending the life of another, or preventing crime in which human life is threatened, and would provide procedural guidelines to the issuing authority on determining the presence or absence of “good cause.” The bill would make other technical, nonsubstantive changes.

By requiring a sheriff or chief of police to issue that license except in specified circumstances, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

DIGEST KEY
Vote: majority   Appropriation: no   Fiscal Committee: noyes   Local Program: noyes

BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.
Section 26150 of the Penal Code is amended to read:

26150.

(a) When a person applies for a license to carry a handgun, the sheriff of a county may shall issue a license to that person upon proof of all of the following:

(1) The applicant is of good moral character.

(2) Good cause, as determined pursuant to Section 26202, exists for issuance of the license.

(3) The applicant is a resident of the county or a city within the county, or the applicant’s principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business.

(4) The applicant has completed a course of training as described in Section 26165.

(b) The sheriff may issue a license under subdivision (a) in either of the following formats:
(1) A license to carry a concealed handgun.

(2) Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry a loaded and exposed handgun in only that county.

(c) (1) Nothing in this This chapter shall does not preclude the sheriff of the county from entering into an agreement with the chief or other head of a municipal police department of a city to process all applications for licenses, renewals of licenses, or amendments to licenses pursuant to this chapter, in lieu of the sheriff.

(2) This subdivision shall only apply to applicants who reside within the city in which the chief or other head of the municipal police department has agreed to process applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.

SEC. 2.
Section 26155 of the Penal Code is amended to read:

26155.
(a) When a person applies for a license to carry a handgun, the chief or other head of a municipal police department of any city or city and county may shall issue a license to that person upon proof of all of the following:

(1) The applicant is of good moral character.

(2) Good cause, as determined pursuant to Section 26202, exists for issuance of the license.

(3) The applicant is a resident of that city.

(4) The applicant has completed a course of training as described in Section 26165.

(b) The chief or other head of a municipal police department may issue a license under subdivision (a) in either of the following formats:

(1) A license to carry a concealed handgun.

(2) Where the population of the county in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry a loaded and exposed handgun in only that county.

(c) Nothing in this This chapter shall does not preclude the chief or other head of a municipal police department of any city from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.

SEC. 3.
Section 26202 of the Penal Code is amended to read:

26202.
(a) Upon making the determination of good cause pursuant to Section 26150 or 26155, the licensing authority shall give written notice to the applicant of the licensing authority’s determination. If the licensing authority determines that good cause exists, the notice shall inform the applicants to proceed with the training requirements specified in Section 26165. If the licensing authority determines that good cause does not exist, the notice shall inform the applicant that the request for a license has been denied and shall state the reason from the department’s published policy, described in Section 26160, as to why the determination was made.

(b) (1) Good cause for the issuance of a license to carry a handgun includes, but is not limited to, self-defense, defending the life of another, or preventing crime in which human life is threatened.

(2) If an applicant’s stated cause is self-defense, defending the life of another, or preventing crime in which human life is threatened, he or she shall not be required to prove the existence of specific circumstances regarding his or her stated good cause.

(3) If an applicant’s stated cause is not self-defense, defending the life of another, or preventing crime in which human life is threatened, the sheriff or chief or other head of a municipal police department of a city or city and county may, by considering the following, determine whether the applicant has stated good cause:

(A) Section 1 of Article 1 of the California Constitution, including the declaration of rights providing that all people are by nature free and independent and have inalienable rights, and that among these are enjoying and defending liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(B) The value of concealed firearms in deterring violent crime.

SEC. 4.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The following two tabs change content below.
Paul G. Markel has worn many hats during his lifetime. He has been a U.S. Marine, Police Officer, Professional Bodyguard, and Small Arms and Tactics Instructor. Mr. Markel has been writing professionally for law enforcement and firearms periodicals for nearly twenty years with hundreds and hundreds of articles in print. Paul is a regular guest on nationally syndicated radio talk shows and subject matter expert in firearms training and use of force. Mr. Markel has been teaching safe and effective firearms handling to students young and old for decades and has worked actively with the 4-H Shooting Sports program. Paul holds numerous instructor certifications in multiple disciplines and a Bachelor’s degree in conflict resolution; nonetheless, he is and will remain a dedicated Student of the Gun.

Latest posts by Professor Paul Markel (see all)