Could a Bruen challenge to the Hughes Amendment give us new machine guns for civilian ownership? [Watch]
Not if Kamala wins and stacks the Supreme Court.
[Via Jess]
Category: Legal
The Wrong Question
Court upholds gun ban for migrants in US unlawfully [More]
As noted before, this is a red herring.
[Via Jess]
Sins of the Father
Do the Right Thing
27 states urge Supreme Court to reject Biden administration’s rule defining gun parts [More]
The court’s ability and inclination to produce favorable future rulings depends on what happens in November, for those of you who believe sitting on your hands because it doesn’t make any difference is defensible.
[Via Jess]
Bait and Switchblade
A Bearable Opinion
Let’s hope historical analogues don’t come back to bite us. Rather than digging up what some colony did to infringe in special circumstances or older English law, put the focus on arguments put forth during ratification. We know what the founders meant, and there was nothing ambuiguous about it.
Anybody else having trouble digging up info on the defendant and his Glock switches? I’m wondering if what’s gun owners may be celebrating as a victory is actually part of an effort to turn the public against Bruen.
[Via WiscoDave]
Two from SAF
The Best Defense?
In defending gun control laws in Illinois and other states, Illinois Attorney General Kwame Raoul recognizes the challenges posed by recent U.S. Supreme Court precedent on the right to keep and bear arms. [More]
Attacking rights is now considered “defending”?
The biggest challenge is to run out the clock until SCOTUS can be repurposed.
[Via Jess]
Crossing the Line
New Hampshire residents who carry their legally owned guns when passing through Massachusetts should not be charged with any crimes, Attorney General John Formella argued in a brief supporting a legal challenge from two state residents facing criminal charges in the Bay State. [More]
Enjoy these arguments while you can. If Kamala wins, remaking SCOTUS and reversing Bruen will be top priorities.
[Via Jess]
Defensive Move
MA Gun License Challenged
The Second Amendment Foundation and National Rifle Association have filed an amicus brief with the Massachusetts Supreme Court in support of a New Hampshire man who is challenging the Massachusetts permit law. [More]
Hey, waddyaknow? NRA shared credit!
No Doubt About It
Bone of Contention
BATFE Slapping
Today, attorneys for Firearms Policy Coalition (FPC) filed a merits-stage Respondents’ brief with the United States Supreme Court in FPC’s Garland v. VanDerStok lawsuit challenging ATF’s “Definition of ‘Frame or Receiver’ and Identification of Firearms” Rule. FPC’s brief, available at FPCLaw.org, explains why the government’s Rule cannot survive scrutiny and must fail. [More]
Mark W. Smith of The Four Boxes Diner breaks it down for us.
[Via Jess]
Race to the Top
A challenge against Maryland’s gun ban is likely to make it to the U.S. Supreme Court before gun ban challenges from other states. [More]
Sadly, all the high court has to do to let it stand is nothing.
If they do hear it, it will be a game-changer, but it will still leave the more fundamentally destructive NFA and Hughes Amendment in play.
Then there are the questions of when will they hear such a case, and who will be in power and appointing justices?
[Via Jess]
Call Me Irresponsible, Call Me Unreliable, Throw in Undependable Too
Surprising no one, I trust…?
See, there are two different missions here that only occasionally converge when it’s convenient for them. Think Wallace on the field while the Lairds strike their own deals with Longshanks.
[Via Andy M]
Setting Precedent
Specifically, I’m going to explain how the legal theories they are advancing before the United States Supreme Court in the VanDerStok case dealing with quote unquote ghost guns, which are unserialized firearms and gun gun parts. how theATF’s position with the Biden/Harris Administrations arguments are exactly that they’re setting the precedent for declaring that AR-15s are machine guns and can be banned because they cannot be added to the NFA register… [Watch]
Exactly what some of us have been arguing the bump stock ban opened the door for, which makes it curious that he’s one of the ones arguing — without contemporaneous documentation — that Trump’s ban was a brilliant 3D chess move.
[Via Jess]
Invaders Repelled Again
A U.S. federal judge in Massachusetts again dismissed a $10 billion Mexican government lawsuit against six U.S. gun manufacturers on Wednesday. [More]
Did I miss a story about the companies countersuing, or is that somehow not legally or economically advisable? Why?
If the companies won’t do it, would a stockholder have standing?
Anybody hear a plan on if Trump wins what he will do to put a stop to this?
You Are My Gunshine…
Today, Gun Owners of America (GOA) and the Gun Owners Foundation filed a federal lawsuit in South Florida, challenging the state’s ban on open carry of firearms. [More]
Look at the name at the end of the complaint.
A Line in the Sand
[T]he Court will permanently enjoin Maryland’s laws restricting the carrying of firearms in locations selling alcohol for onsite consumption, private buildings without the owner’s consent, and within 1,000 feet of a public demonstration. State Defendants’ Cross Motions for Summary Judgment will be granted as to the Kipke Plaintiffs’ Fourteenth Amendment claims, as well as the claims regarding: State Parks; mass transit facilities; schools and school grounds; museums; stadiums; healthcare facilities; government buildings; amusement parks; racetracks; and casinos… [More]
You can be trusted with your rights on this side of the line. On the other side, everything changes. Don’t ask us how or why, just accept that fact that if you disobey we may end up killing you.
[Via Antigone]
