Notes from the Resistance
The Morgan case is a case where a federal judge in Kansas found that machine gun possession charges are unconstitutional in violation of the Second Amendment as it applied to this individual Mr Morgan. This Kansas Morgan decision is now being contested by the Trump administration in the 10th Circuit Court of Appeals. In fact, the Trump DOJ just argued to the 10th Circuit that the decision down below should be reversed. They argue that machine guns are not in common use for lawful purposes in today’s society and that they are dangerous and unusual items and as dangerous and unusual items they can be restricted by the federal government essentially however they want. [Watch]
I hate to say I told you so.
And “pro-gun” lawyers — the ones coming up with all kinds of apologetic rationales for administration betrayals, helped set it.
NAGR has come a long way since the early days of “controversy,” and is becoming a real voice for SNBIers, with whom I unapologetically identify.
[Via Jess]
We, the undersigned, urge the U.S. Department of Justice to immediately sever all ties with the Southern Poverty Law Center (SPLC) and formally renounce its influence on federal law enforcement and public policy decisions. [More]
So… no more quasi-official symbiosis…?
[More]
Gun rights leaders and legal scholars could be identified and nominated to analyze and prioritize bills, lawsuits, regulations, opportunities, and threats, to advise on judicial and other federal nominees, and to help educate the public. The Office would provide a way for the public to express their concerns and to offer ideas and suggestions, meaning gun owners would have a conduit.
[Via Antigone]
DOJ and ATF Repeal Zero Tolerance Policy, Major Second Amendment Win for the Trump Administration [More]
I want to see what still triggers revocations — and consistency of decisons– before I get too excited, which I won’t do anyway because there will still be an ATF with the power to destroy Americans’ lives over exercising their right in a way the government, with no legitimate delegated authority, doesn’t want to allow.
What good is ‘see something/say something’ if no one is listening? [More]
This came out after I left for my trip.
As with all my work, if you find value in it and think others may as well, share the link.
A new request for DOJ investigation has been filed detailing Second Amendment and civil rights violations inherent in Illinois’ Firearms Owner Identification card (FOID) requirement. [More]
They showed deliberate indifference to the first civil rights complaint. Perhaps an adjusted attitude will allow them to consider this one.
U.S. Department of Justice Announces Second Amendment Pattern-or-Practice Investigation into California’s Los Angeles County [More]
Good, but why California and not Illinois?
I’ll be using this as a springboard to help introduce yet another effort to get their attention on denial of rights in an article I’ll be finishing up this weekend.
Replacing Joe Biden’s Office of Gun Violence Prevention with an Office of Second Amendment Protection, with liaison members like new ATF Chief Counsel Leider, would mean no more surprises, no more cognitively dissonant legal positions, and no more disheartening gun owner who are feeling used, abandoned and betrayed. [More]
All this back-and-forth has got to stop.
AG Bondi: The ball is in your court.
[Via Jess]
Related UPDATE
We’ll see if THIS comes into play:
Protecting the Second Amendment rights of law-abiding citizens is a high priority for @AGPamBondi. To that end, the Department will be re-evaluating some of its recent litigation positions on Second Amendment issues, including silencers.
The Department of Justice (DOJ) has issued an Interim Final Rule removing the Attorney General’s delegation of authority to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to process applications for relief from federal firearms disabilities under 18 U.S.C. 925(c). [More]
Yep:
Although federal law provides a means for the relief of firearms disabilities, ATF’s annual appropriation since October 1992 has prohibited the expending of any funds to investigate or act upon applications for relief from federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, ATF cannot act upon applications for relief from federal firearms disabilities submitted by individuals.
[18 U.S.C. 925(c); 27 CFR 478.144]
Rendering Chuck Schumer’s appropriations rider against ATF restoring rights impotent by removing ATF from the equation is really smart, and I feel like this is a “Doh!” moment for those of us who never thought of it.. How come no one proposed this before, or did someone, and word of it never escaped the echo chamber?
Yet ANOTHER example of bias/Conflict of Interest with anti-gun IL Supreme Court Justice [More]
More on Elizabeth Rochford…
And ARFCOM News noticed DOJ indifference, @ 5 minutes in…
[Via Non_Fudd’s Ghost]
So, this puts a plus mark in the Bondi record. We’ll see what it really means as things develop. Case in point, how does it override the Schumer funding prohibiton on restoring rights?
The article does not identify the Federal statute the DoJ can act with. A State judge ruling on State laws is, I would think, a matter for the State. The next step is to fight the law(s) in Federal court. [More]
The Second Amendment and the Constitution being “the supreme Law of the Land” isn’t enough? They’re not shy about citing the First Amendment:
The United States has an interest in protecting the individual rights guaranteed by the First Amendment.
Also, like we noted in the “Ashcroft Petition“:
The Fourteenth Amendment guarantees to the people of each state the full benefit of all rights recognized under the U.S. Constitution, and Americans living in the state of California are being subjected to gross infringements of their Second Amendment rights and therefore are being treated unequally under the law;
And as for federal courts, sure, a “UNITED STATES’ STATEMENT OF INTEREST IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT” would be a big help.
Gun Control’s Focus Shifts to State Capitals [More]
While Main Justice does nothing about it.
Remember when the focus of some state capitals was on segregation and DOJ and the administration said “No”? (And note the media trick of calling George Wallace a “staunch conservative.” He was a Democrat at that time and didn’t run as an “American Independent” until ’68.)
Acting U.S. Attorney Michael Simpson files brief for @TheJusticeDept arguing that silencers are NOT arms & are NOT protected by the Second Amendment. [More]
Did I hear someone say gun owners are losing patience?
Yeah, but he’s only been on the job two months and he’s got a lot on his plate and he’s playing a 3D chess game and… aside from “Would you rather have Kamala?” what excuse did I miss?
And any word on the Bondi report yet?
[Via Andy M]
Yet despite clear evidence of bias, thanks to a U.S. Department of Justice official policy of deliberate indifference, such judges will remain on the bench. [More]
What’s that John F. Kennedy quote about making peaceful revolution impossible…?
