Category: Legal

Slap Down

The Fifth Circuit panel ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Final Rule is illegal. Circuit Judge Kurt D. Englehardt wrote, “An agency cannot label conduct lawful one day and felonious the next—yet that is exactly what ATF accomplishes through its Final Rule. Accordingly, the judgment of the district court is AFFIRMED to the extent it holds unlawful the two challenged portions of the Final Rule, and VACATED and REMANDED as to the remedy.” The case is known as VanDerStok v. Garland. [More]

A Justice Department that was true to the Constitution would be enforcing rights and punishing government transgressors.

What a novel idea that would be.

Hunter Biden’s Lawyers are Playing to Supportive Media with ‘Vindictive Prosecution’ Insinuations

“Lawyers for Hunter Biden raised the prospect that he is the victim of ‘vindictive’ prosecution… [More]

And leave it to the “real reporters” to make that what the public takes away from all this.

Defcon 1?

Elon Musk Plans “Thermonuclear” Lawsuit Against Media Matters [More]

His lips to God’s ear.

I just did a quick check on Google and didn’t see where he’d filed it yet. I hope this doesn’t turn out to be another Zuckerberg cage match because I’d really like to see him kick their @$$es.

To paraphrase Yoda, “Fight or fight not. There is no challenge.”

Otherwise, you look ridiculous.

[Via Michael G]

International Tribunal Lawsuit an Unconstitutional Attempt to Subvert Second Amendment

The same goes for the OAS and its Inter-American Commission on Human Rights, both of which have no authority, legal, moral, or otherwise, to impose their diktats and override “the supreme Law of the Land.” [More]

Our sympathy does not give sufferers leave to lay claim to our rights. And defund the OAS.

Point of Origin

Illinois Assault Weapons Ban Faces New Challenge… The petition argues that Justices Elizabeth Rochford and Mary Kay O’Brien participated in the case despite receiving campaign contributions from those who support the ban. [More]

Now I want you to remember who did the original work that made this possible:

[T]he research and publicity this article has caused has led to a petition with the US Supreme Court on Caperton V Massey grounds, which was first brought up in this piece.

Take it from someone who knows what it’s like to be “bigfooted” out of a story by the media and latecomers.

I’ll probably put something together over the weekend to give this wider exposure. In the meantime, if you see any YouTube gun influencers who don’t give credit to Mom-At-Arms, notify viewers in their video comments.

Where Credit is Due

The Supreme Court Should Not Let Bureaucrats Invent Crimes by Rewriting the Law – The Trump administration’s unilateral ban on bump stocks turned owners of those rifle accessories into felons. [More]

Let’s not forget the role Wayne LaPierre and Chris Cox played in paving the way (and good luck finding their joint statement on the NRA website anymore).

Pointing all that out and more seems to make some people uncomfortable. One angry reader canceled his subscription over it.

You know the type.

[Via Michael G]

No Fool Like an Old Fool

Federal judge upholds Colorado’s waiting period for firearm purchases [More]

So this Carter holdover dismissed Clayton Cramer’s fact-based analysis as “ad hominem” and went with the career prohibitionist, and said we need rights delayed because there might be drunks and it took time to manufacture guns back then…? What about if the gun was ready for sale?

Here’s the opinion.

What a subversive old fool.

[Via Jess]

That Should Have Been the End of It

Watkins… testified that she … never heard any commands for her and other Oath Keepers to enter the building on Jan. 6, 2021… Rhodes … told jurors that there was never a plan to attack the Capitol. He testified that he was surprised and upset when he learned that some group members had joined a pro-Trump mob in storming the building… [More]

I rest my case.

Unauthorized Means Unlawful

The US Department of Justice made a major concession involving whether licensing officials working for executive agencies may exercise “discretion” over CCW permits. [Watch]

That is big.

And using that rationale, I’d argue they can’t exercise executive “discretion” in “rulemaking” not backed by legislation, either.

Or in creating new classifications of “prohibited persons.”

[Via Jess]

A New York State of Mind

New York man who saved woman from subway mugging by scaring off would-be robber with warning shot arrested [More]

The only question here is who’s the more execrable tyrant functionary: Richard “We don’t tolerate this kind of conduct in NYC Transit, period” Davies or Jerry “The defendant was on the street with a loaded, unlicensed gun“ Iannece?

The state can’t protect you and will punish you for protecting yourself or others.

Who would consent to be governed by that?

A Mixed Blessing

Indiana Supreme Court Rules Property Owners in Civil Forfeiture Cases are Entitled to a Jury Trial [More]

Better than nothin’, I suppose…

The Catch-22 being, if they have property they won’t qualify for a public defender and will be forced to risk complete ruin trying to recover what was stolen… Meanwhile, the thieves get all legal expenses paid “courtesy” of unlimited hostage plunder.

I still want me one of them Leathermans…

[Via Michael G]

Trouble Ahead?

The Supreme Court appears inclined to uphold a federal law banning guns from those subject to domestic violence restraining orders (DVROs), in the first major test of the Second Amendment at the high court this term. [More]

Looks like some of the pundits assuring us Bruen was a magic bullet may have some ‘splainin’ to do…

The question now is which of the “justices” will show the beliefs no one dared ask them about during confirmations…

UPDATE

Or maybe not.

We’re the Only Ones Qualified Enough

In 2018, then-Scott County Police Deputy Jaime Morales was partially paralyzed after he was shot in the back by then-Georgetown Police Officer Joseph Enricco during a standoff with a fugitive at a rest stop off I-75… The circuit court ruled that the officer defendants in the case were entitled to qualified immunity because, “as a society, we have decided that law enforcement officers deserve special protection.” [More]

Hoist with their own petard…

[Via Michael G]

Showdown Coming?

The US Court of Appeals for the Fifth Circuit heard oral argument today in Reese v. BATFE involving whether young adults have a right to acquire firearms from federal gun dealers under the Second Amendment and, relatedly, whether 18 USC 922(b)(1) is constitutional. Mark Smith Four Boxes Diner predicts that this gun control statute will be struck down and then the US DOJ will have to seek cert from the US Supreme Court. [Watch]

What was the understanding at the time of the Founding?

What is the law?

[Via Jess]

Won’t Come Back from Dead Man’s Curve

Before confronting somebody, Sheriff Salazar said people must consider there could be some serious consequences, especially if that suspect is armed. [More]

Not “legal” advice, but that should be the assumption going in, along with establishing cover and a clear sight picture, including what’s beyond the target, before announcing your presence.

Considering the personal risks, the financial ramifications of shooting someone, and that cars are insured, I’d be inclined to go with setting off the alarm and calling the “Only Ones” from behind locked doors. While a part of me would want to resolve things the old-fashioned way, the legal system is stacked against going outside and using up to lethal force to protect mere property.

[Via 1Gat]

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