Category: Legal

One Step Forward…

The Second Amendment Foundation has been granted summary judgement in a federal challenge of California’s One-Gun-A-Month (OGM) purchase law. U.S. District Judge William Q. Hayes stayed his decision for 30 days for the defendants to facilitate an appeal. [More]

And thumbing noses at Bruen will drag on and on and on with the hopes that Republicans blow the election and Democrats can reshape SCOTUS to reverse it.

And here’s the thing:

The Supreme Court has no power to enforce its decisions. It cannot call out the troops or compel Congress or the president to obey. The Court relies on the executive and legislative branches to carry out its rulings. In some cases, the Supreme Court has been unable to enforce its rulings.

I’d need a lawyer to weigh in on whether they could charge inferior court judges with contempt for disregarding their rulings, and they’d still be dependent on the other branches. I fear the only “legal” remedy is impeachment, for which Republicans have neither the power nor the appetite.

So now we have to see what Hayes says in a month, and then see who initiates an appeal, then lather, rinse, repeat.

Judicial Gamesmanship

The analogy of undocumented immigrants to British loyalists is interesting. If a law-abiding, former enemy of the state could possess a firearm, an undocumented, but otherwise law-abiding, immigrant seems less extreme in comparison. [More]

He’s not “otherwise law-abiding.” He is an invader in possession during the commission of a crime.

The Obama judge is doing this on purpose to undermine Bruen.

[Via Jess]

Long Walks On the Beach and TROs

Restraining Order Based on Unwanted Online Contact Upheld, but Weapons Restriction Struck Down [More]

Since when is any conflict not made better by adding “Only Ones” into the mix?

It actually sounds like they both deserve each other, but the legal hurdles, penalties, and expenses raise a question as to just how far “the law” could go, depending on the jurisdiction.

Paved with Good Intentions

The brief recalls how Congress enacted the Gun Control Act of 1968 pursuant to the Commerce Clause with no intention of discouraging or eliminating the private ownership or use of firearms by law-abiding citizens for lawful purposes. [More]

That’s not how the bill’s author felt:

ALL “gun control” is just another incremental step to the end goal– citizen disarmament. We don’t do ourselves any favors by believing otherwise and arguing that in court.

We’re the Only Ones Diagnosing Enough

A police officer who visited Russo’s home to investigate allegedly reported that the dog was stiff, barely breathing, and appeared to be uncomfortable. The officer obtained a warrant and had Tipper euthanized. [More]

In Massachussetts, “Only Ones” are also “qualified” to file an ERPO petition.

Hey, take the dogs first, due process later, right?

It’s for the greater good…

[Via Edmund M]

Point/Counterpoint

What can I say but “Chris Murphy”?

I should go back and retitle this Damned Lie/Truth.

Lest Ye Be Judged

Judge Brian Lovell was indicted on eight counts of deadly conduct discharge of a firearm. He was arrested and charged after an incident in Austin, Texas in 2023. He was arrested for reportedly firing a gun at five cars, then ramming his SUV into the back of a woman’s car twice. [More]

I just spent several minutes trying to find out about his politics and came up empty. Anybody got relevant links?

[Via William T]

Delay of Game

Maryland’s “assault weapon” ban has been kicked back up by the panel for en banc review by the anti-gun Fourth Circuit, meaning it’s going to take the Supreme Court to sort this one out — and all they have to do to leave this gross denial of rights in place is nothing. [Watch]

[Via Jess]

We’re the Only Ones Approximate Enough

Detective Gary Staab had wrongly obtained the warrant to search Johnson’s home because he did not point out that the app’s information is not precise and provides only a general location where a phone could be, the lawsuit said. [More]

Guess what the very first thing was that popped up when I went to check out the technology:

That’s some police work, fellas.

[Via Michael G]

SCOTUS: Trump Stays on Ballot

The Supreme Court on Monday tossed out a Colorado court ruling that barred Donald Trump from appearing on the state’s Republican presidential primary ballot. The ruling means that no other state can bar Trump, or any other candidate, from a presidential ballot by invoking the insurrection clause in the Constitution. [More]

Plea to Pres. Trump: As all the treasonous lawfare has shown, these people will stop at nothing. Now that this door has been slammed shut, some are no doubt plotting more extreme measures of exclusion. Double your security and most of all, LISTEN TO THEM.

Obama Judge Cooper Shows Big ‘But’

Cooper wrote that he “recognizes the paramount importance of a free press in our society” and the critical role of confidential sources in investigative journalism. But the judge said the court “also has its own role to play in upholding the law and safeguarding judicial authority.” [More]

I know Mike and I were committed to being jailed before revealing our sources. You’re just going to have to trust me when I tell you that people have no idea what went on behind the scenes of this, and the fears that went with it.

[Via bondmen]

Common Thread on Invasion, Guns

A federal judge is upholding new Arizona laws that would require registered voters to provide proof of U.S. citizenship in order for their votes to be counted. [More]

Why is this even an issue? Who but a genocidal dom…Demestic enemy would be against that?

And how many who would have it otherwise are “gun sense candidates”?

Yeah, Gun Safety, That’s the Ticket…

Each of the plaintiffs had their conviction vacated, set aside, or dismissed, and their right to possess firearms restored, by the jurisdiction in which they were convicted … Even so, California has acted to permanently deny Linton, Stewart, and Jones the right to possess or own firearms, solely on the basis of their original convictions… Summary judgment is granted in favor of plaintiffs on the Second Amendment claim. [More]

They meet all MY criteria.

What a d!ck Rob Bonta is.

[Via Jess]

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