Category: courts

Another Write-up

Judge shuts down gun rights activist’s attempt to shed light on Hunter Biden’s alleged gun crimes [More]

Unlike most of the other reports, I appreciate the links and the recognition in this one. There’s still nothing about it, of course, in the “Lies of Omission” major media.

Not to tease, but there’s still a chance this might not be over that I can’t give details on yet.

Republicans haven’t had much luck, either, but my suspicion is their move was more pre-midterms motivated. You’ll forgive me if I don’t have a lot of confidence in a GOP-controlled House Oversight Committee doing much more than making self-serving noise.

Still, it tells us all we need to know about the Democrats.

The Criminal’s Candidate

Fetterman Voted To Free Murderer Who Hacked Innocent Man to Death With Garden Shears – Senate hopeful was ‘happy’ to release murderer who, while out on bond, ordered hit on top witness [More]

If Carolyn was any happier, she’d be having nonstop orgasms.

Looks like someone told him to wait until AFTER he’s elected…

[Via Michael G]

 

At Least They Spelled My Name Right*

U.S. District Court Judge Rudolph Contreras, a President Barack Obama appointee, ruled Tuesday against plaintiff David Codrea’s request to have federal records regarding Hunter Biden’s 2018 gun purchase released. [More]

Seeing as how I broke this development, was the first to point out the 4473 implications, and the only one to notice the laptop video involved a second gun, would it have killed you guys to give me a link?

In any case, the majors aren’t touching this. Neither are the grabbers.

[Via Keith B]

* With the exception of the case cite…

UPDATE

The Google alert…

Most of the entries are copied off the Politico piece.

Aside from most avoiding a link to the original report, the other thing they have in common is none of them are big outfits, which would just as soon nobody talk about this.

Who Will Guard the Guards? Literally

Starting Wednesday, security guards assigned to four Cuyahoga County courthouses won’t be permitted to carry firearms in those buildings, according to a Tuesday sheriff’s memo … That’s because of a legal opinion recently issued by the county prosecutor’s office on a state statute against carrying firearms in courthouses. Though sheriff’s deputies are exempted under that statute, the county’s lawyers determined that protective service officers like security guards are not. [More]

Maybe we should start a pool for “How soon”…?

And, of course, if you think about it, and those with their reasons will, “it” doesn’t even have to happen inside the courthouse. There’s a gantlet all non-“Only Ones” run as soon as they leave their cars.

[Via Steve T]

The War on Citizens

Under the new law, entire categories of crime, such as aggravated batteries, robberies, burglaries, hate crimes, aggravated DUIs, vehicular homicide, drug induced homicides, all drug offenses, including delivery of fentanyl and trafficking cases, are not eligible for detention no matter the severity of the crime or the defendant’s risk to a specific person or the community, unless the People prove by clear and convincing evidence the person has a “high likelihood of willful flight to avoid prosecution.” Additionally, in cases involving non-probationable forcible felonies, such as murder and armed robbery, judges may only detain a defendant under the new law if the prosecution proves by clear and convincing evidence the defendant “poses a real and present threat to the safety of a specific, identifiable person or persons.” [More]

Establishing Justice, insuring domestic Tranquility, providing for the common defence, promoting the general Welfare, and securing the Blessings of Liberty to ourselves and our Posterity, again, I see…

Y’know, any government that fails to do the above has given up any claim of legitimacy for the consent of the governed, and whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it.

That’s probably why ruling Democrats want our guns.

[Via Jess]

A Multipronged Attack

On September 7, 2022, the National Foundation for Gun Rights filed five new lawsuits in four federal court circuits to eliminate unconstitutional magazine and gun bans everywhere! Combined with our lawsuits in Colorado these represent nearly half of the country. This nationwide legal blitz aims to take out every single ban on semi-automatic weapons and standard capacity magazines for good. [More]

I’d feel better about these if the lawsuits included acknowledgment of core purpose and that the function of the Militia, defined as “all males physically capable of acting in concert for the common defense [and] bearing arms supplied by themselves and of the kind in common use at the time,” was — and still is — to field citizen soldiers. These citizens bore arms that were suitable for that purpose, “ordinary military equipment” intended to be taken into “common defense” battles.

That said, isn’t it time for SAF to make peace with Dudley?

[Via Jess]

Overlooking Two Essentials

New York State Rifle and Pistol Association v. Bruen: Originalism and the Relevance of Common Law and Reconstruction-Era Restrictions on Exercise of a Right [More]

David T. Hardy’s new law review manuscript is online. He concludes the majority made some shaky assumptions, too.

I’ve got some reading to do. Looks like no “Dancing with the Stars” for me tonight…

Could’a Been a Contender

In this video I discuss two important Second Amendment case that are up for Supreme Court consideration next term which could help stop the ATF’s current actions. [Watch]

All SCOTUS needs to do to allow ATF to continue usurping legislative authority is…nothing.

Then, of course, the case could be made that any legislative authority contradicting “shall not be infringed” is a usurpation in itself.

[Via Jess]

Insult to Injury

“I’ve been told nothing,” he said. “I’m so in the dark every time … Why does (the officer) have a lawyer, while we have nothing? We have no voice”… [More]

Sir, you’ve answered your own question. You’re going to need to get a lawyer.

[Via bondmen]

All Writs Now, Baby, It’s All Writs Now

Attorneys representing the Second Amendment Foundation and its partners in the case of Jones v. Bonta, challenging a California law restricting the rights of young adults to purchase long guns, are asking the Ninth U.S. Circuit Court of Appeals for an “All Writ” enjoining the state from enforcing a new state law that penalizes plaintiffs in cases contesting state gun laws. [More]

Why should arrogant tyrants who ignore the Second Amendment with impunity have any respect for the First?

Bruen 2.0

Plaintiffs seek a declaration that New York’s limitations of and burdens on the right to carry firearms as enacted in Senate Bill 51001 (“SB51001”) and as otherwise detailed below are unconstitutional under the First, Second, Fourth, and Fourteenth Amendments to the United States Constitution. Plaintiffs also seek an injunction compelling Defendants to refrain from enforcing those invalid limitations. [More]

Unless and until the in-your-face stonewallers face personal consequences, they know they’ll have virtually limitless plunder resources to draw from. And if they can wait things out, the plan is for total control so that current legal decisions will no longer impede.

[Via Jess]

Rope-a-Dope

The Second Amendment Foundation (SAF) and Defense Distributed have teamed up to sue the State of California over its ban on CNC machines used for producing unserialized firearms and a law letting the State recover attorney fees from plaintiffs and their lawyers. [More]

You get the feeling that the state, with virtually unlimited resources, is forcing the gun groups to expend all of theirs on lawsuit after lawsuit, counting on exhausting and wearing them out until they’ve got nothing left to punch with.

[Via Jess]

Unconstitutional, But What the Hell…

DECISION AND ORDER that Plaintiffs’ Complaint (Dkt. No. 1 ) is sua sponte DISMISSED without prejudice for lack of subject-matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3}. Plaintiffs’ motion for a preliminary injunction (Dkt. No. 9 ) is denied without prejudice as moot. Defendant’s motion to dismiss for lack of subject-matter jurisdiction (Dkt. No. 21 ) is denied without prejudice as moot. The Clerk is directed to close this action. Signed by Chief District Judge Glenn T. Suddaby on 8/31/2022. (sal ) (Entered: 08/31/2022) [More]

I found myself channeling Gary Coleman over this so found it advisable to post GOA’s latest email over at my WarOnGuns Placeholder blog because I don’t see it on their site yet.

[Via Jeremy C]

Temporary Relief

U.S. District Judge Charlotte Sweeney, a Biden appointee, issued a temporary restraining order (TRO) on Tuesday against Boulder County. It stops enforcement of the county’s ban on the manufacture and sale of assault weapons, which include the popular AR-15, and ammunition magazines capable of holding more than ten rounds. [More]

So what’s it take to get a PRO?

[Via Jess]

A City’s Got to Know Its Limitations

We are constrained by the recent United States Supreme Court decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US _, 142 SCt 2111 [2022]) which mandates the grant of this CPLR article 78 petition. Specifically, in Bruen , the United States Supreme Court held that denial of a license applications for failing to satisfy New York’s “proper cause” standard, under which the applicants had to demonstrate a special need for self-protection distinguishable from that of the general community, was unconstitutional as violative of the Second Amendment to the United States Constitution, which protects an individual’s fundamental right to keep a firearm, and the Fourteenth Amendment to the United States Constitution, which makes this right equally applicable throughout the states. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. [More]

“Callahan” seems such an appropriate name here.

[Via Jess]

A Good First Step

A federal judge who was appointed by former President Donald Trump has ruled that a Texas law banning anyone under 21 from carrying handguns in public violates the Constitution. [More]

Excellent! Just don’t forget there’s still a ways to go…

I’m wondering if the grabbers will appeal…

[Via Robert J]

The Wrong Questions

In his order on Tuesday, Welte wrote: “The rather speculative risk of harm to the plaintiffs, on the one hand, does not outweigh the harm to the ATF’s interest in law enforcement and public safety, on the other.” [More]

Spoken like a true judicial fascist, all the while avoiding the real issues. Who recommended him to Trump?

This is what happens when confirmation hearings are treated more like pre-coronation ceremonies than job interviews.

We’re the Only Ones Taxing Enough

Louisiana Sheriff Loses Tax Lawsuit Targeting Smith Angus Farm [More]

I see the sheriff bills himself as a “Republican”… I guess he stuck a wet finger in the air to see which way the wind was blowing, but at heart, we know what he’ll always be.

And he’s done one other thing that may be actionable:

Washington Parish Sheriff’s Office limited who can comment on this post.

How is that not a First Amendment violation?

[Via Michael G]

YadaYadaYada

Plaintiff lacks standing…Bruen is the wrong person to sue…plaintiff hasn’t shown injury… the plaintiff hasn’t shown a likelihood of winning… [More]

Everything to dance around and obscure the indisputable fact that these m***********g tyrannical New York a******s are denying a fundamental right to We the People under force of arms with full intent to bring an up-to-lethal hammer down on the head of anyone who disobeys.

[Via Antigone]

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