Notes from the Resistance
What Exactly is Legal Standing? And What Does It Mean in Gun Control Litigation? [Watch]
The tyrants know that if you have to get arrested first in order to file a challenge, most people with families, property, and jobs to lose will pass.
Shame, that, right, Mr. Kennedy?
[Via Jess]
The concern involves instances when a judge reverses a jury’s criminal conviction after naming themselves the 13th juror and then filing a motion for a new trial. The judge isn’t required to provide much explanation other than they believe the jury got it wrong based on errors made during the trial. [More]
Just don’t try the good kind.
Judge Claims “Lack of Standing” in Second Amendment Public Transportation Case … In effect, Judge Moss is stating a plaintiff will need to be arrested for violating the District of Columbia’s ban on carrying concealed weapons in order to challenge the ban. [More]
Who thinks the Obama nominee rides the Metro into work?
[Via Dan Gifford]
The State of New York is Still Fighting the Bruen Decision [More]
Herschel brings us up to date on Antonyuk v Satan’s Minions, including New York’s insulting brief and Stephen Stamboulieh’s authoritative response.
I have to find out what SCOTUS’s options are for slapping inferiors defying hierarchical precedent down.
Soros Doubles Funding to Left-Wing Legal Group Working To Upend Supreme Court – Demand Justice shows no signs of giving up after losing on court packing, filibuster reform [More]
Boy, anybody against that must be dripping with poison of antisemitism!
[Via Michael G]
Moorish Americans take over a rural gun range, sparking a strange showdown [More]
I’ve seen the so-called “sovereign” types argue all caps, corporations, and gold-fringed Admiralty court flags before, and if I wanted to win a case I sure wouldn’t have my lawyer argue any of that in court. If you disagree, feel free to prove me wrong in a gun case of your own.
That said, Tomlinson comes off like a Fudd.
The main issue for me here is, did their bullets go off-property…? That doesn’t depend on anybody’s beliefs.
[Via bondmen]
Sutherland Springs shooting survivors say DOJ appeal damages gun safety laws [More]
$230M or political posturing… tough choice.
Remember what it took to get relevant records released?
Funny, how it’s just those who survived on luck — and not on getting a gun and stopping the maniac — that are most upset.
[Via Jess]
David M. Greco, Petitioner v. Matthew J. Platkin, Attorney General of New Jersey, et al… Dec 28 2022 DISTRIBUTED for Conference of 1/13/2023. [More]
This is a FOURTH AMENDMENT challenge to New Jersey’s “red flag” law based on unconstitutional search and seizure…
[Via Jess]
A Missouri judge has ruled that a pardon from the governor doesn’t mean the St. Louis lawyer and his wife who gained national attention for waving guns at racial injustice protesters in 2020 should get back the weapons they surrendered and fines they paid after guilty pleas last year. [More]
She just wishes she could do more.
[Via Jess]
114 STILL ON HOLD [More]
While the legal wrangling is going on, recognition of “unalienable” rights is not.
Time was tyrannical outrages were properly regarded as Intolerable Acts.
A federal appeals court on Monday allowed New York to restrict the carrying of firearms on private property under a new law adopted in wake of a major U.S. Supreme Court ruling that expanded gun rights. [More]
Sack is a Clintonista and Wesley was appointed by Dubya, but Bianco was a Trump nominee.
We haven’t heard the last of this, but the first of it is ludicrous, offensive and intolerable.
[Via Jess]
Once more, the story missing from other reports that no one else is yet talking about: If the Secret Service has “100 records totaling over 400 pages,” why did they tell me — and by extension, the court — under penalty of perjury that they had none? [More]
How do you get away with lying on an affidavit? We may be about to find out. And the media won’t care.
Accordingly, upon due consideration, it is hereby ORDERED that the motion for a stay pending appeal is GRANTED and … Appellees’ motion to expedite the resolution of the matter is GRANTED. [More]
So the infringements will continue but we’ll hurry up about making a decision?
Here’s the original Antonyuk v. Hochul complaint for those unfamiliar with the case. Just to give you an idea of how full of sh… uh… beans the other side is, check out this bit of lying, hoplophobic hysteria from Brady president Kris Brown:
New Yorkers, like all Americans, do not want their supermarkets, public squares, and child care centers turned into bullet-riddled crime scenes.
Where haven’t lawful concealed carriers done that?
Today, Gun Owners of America (GOA) and Gun Owners Foundation (GOF) secured a Temporary Restraining Order (TRO) in state court, preventing the entire new Oregon gun control law from being enforced. Signed by Judge Robert S. Raschio, the order bars the state from implementing any portion of the law until a hearing is held on a request for a preliminary injunction next Tuesday. [More]
I guess it all depends on the judge…
UPDATE
This email from Oregon Firearms Federation just came across the transom. Since it is not yet posted to the “Alerts” page I am pasting it here in its entirety:
Early this morning we were notified that Judge Karin Immergut has denied our motion to delay the implementation of Ballot Measure 114.
She did agree with the state’s request to delay the permitting process for 30 days. A process the state assured the court will be ready by Thursday.
That will provide no protection for anyone who currently owns a standard capacity magazine or anyone who owns a common shotgun which will now be contraband.
It also does nothing for anyone waiting to take possession of a firearm they paid for but have not received, if that gun comes with a standard magazine.
Furthermore, come Thursday even security guards and off duty police will be breaking the law if they are in possession of a standard magazine.
This is a lengthy (and obviously disappointing) decision and we will have more information soon. But for now, unless something really unexpected happens, understand that your rights will be, once again, seriously eroded starting Thursday.
The cop who killed Shaver was fired. But he will receive a disability pension for the rest of his life because he claims he has post-traumatic stress disorder. [More]
And the tax cows he would have willingly executed as they groveled before him will foot the bill for everything.
