Category: Legal

Cold Turkey for Authority Junkies?

In sum, § 922(d)(3) does not withstand Second Amendment scrutiny for much the same reasons that § 922(g)(3) does not. The law’s broad prohibition on the sale or transfer of firearms to unlawful users of controlled substances burdens the Second Amendment rights of those individuals to nearly the same extent as § 922(g)(3). And, as the Court found when assessing § 922(g)(3), our Nation’s historical tradition of firearm regulation does not support placing such a burden on the Second Amendment right. [More]

It would be rich if the person who ultimately got this part of the law overturned for good was Hunter Biden.

[Via Jess]

Play Stupid Games Win Stupid Prizes

FAFO. [More]

However, the prosecutor said the shooting was not justified because Colie shot someone who was unarmed inside a mall. The judge denied the bond request and believed Colie was a danger to the public.

And the harasser got within six inches? I may have reacted physically, too, and we know what a well-placed fist can do.

I don’t think it’s out of line to wonder what the prosecutor and judge would have done had this moron’s shooter been an “Only One.”

[Via Steve T]

Oh Boy! Money Money Money!

Families of 2 Richneck students plan lawsuits against Newport News Public Schools [More]

Hey, if these parasites want to claim emotional whiplash to scam for some tax plunder coerced from the productive, what’s this holding out on their names crap?

And hell, if they were traumatized, what about the poor kids subjected to the original Only One?

[Via Mack H]

If You See Something Say Something…?

A first-grade student who allegedly warned Abby Zwerner that his classmate had a gun and planned to shoot her was told by the teacher to “sit down and be quiet,” his attorney says. [More]

And here I was starting to feel sorry for her.

If that bears out, traumatized students and parents dealing with it should sue her.

[Via Mack H]

Half Measures

As other circuits have recognized, there is a rational relationship between prohibiting unlawfully present aliens from possessing firearms and achieving the legitimate goal of public safety. [More]

So illegal aliens are not the “ourselves and our Posterity” nor “the people” the Founders were contemplating in the Second Amendment…

True enough, but the real solution requires expelling them from the Republic. Otherwise, we’re left with another “law” being violated.

[Via Jess]

Lest Ye Be Judged

WE DID IT – thanks to the tireless efforts of Wisconsin Moms Demand Action volunteers and help from supporters like you, Judge Janet Protasiewicz was elected to the Wisconsin Supreme Court! [More]

In other words, it will be impossible for anything Second Amendment-related to get a fair hearing on an appeal.

And if Wisconsin Democrats have their way, it will be illegal aliens hauling gun owners in.

What We’ve Got Here is Failure to Communicate

Zwerner’s lawyers allege that the Jan. 6 shooting was a personal attack that the school board and administrators failed to protect the teacher against the student despite multiple warnings. [More]

I don’t read that as the duty to protect that the “Only Ones” don’t have. I read it as deliberate indifference and negligence for failure to act following numerous credible warnings.

I’m wondering if now might be a good time to reintroduce these:

[Via Mack H]

Qualified Impunity

All to say, the Supreme Court’s original justification for qualified
immunity—that Congress wouldn’t have abrogated common-law
immunities absent explicit language—is faulty because the 1871 Civil Rights Act expressly included such language. Those sixteen lost words, by presumably encompassing state common-law principles, undermine the doctrine’s long professed foundation and underscore that what the 1871 Congress meant for state actors who violate Americans’ federal rights is not immunity, but liability—indeed, liability notwithstanding any state law to the contrary. [More]

So the whole scam is exactly that, and it’s within the power of the Supreme Court to end it…?

[Via Michael G]

New York, New York, It’s a Wonderful Town

A New York City parking garage attendant was hit with an attempted murder charge after confronting an armed thief and wrestling the gun away before opening fire on the suspect. Moussa Diarra, 57, is also charged with assault and criminal possession of a weapon in connection with the incident that occurred at around 5:30 a.m. Saturday morning. [More]

This is what the prohibitionists would have us all reduced to.

With “legally-recognized” criminal possession exceptions, of course.

Funny, how often the racist inequities of that turn up.

UPDATE

DA Alvin Bragg will not prosecute NYC garage worker who shot armed thief [More]

Yeah, now that there are eyes on this and he fears it may affect public sympathies for him in his quest to make a national name for himself in the political persecution of Orange Man.

Why was the poor guy charged in the first damn place?

Unclear on the Concept

No wonder she’s so hot for “red flag laws.”

[Via WiscoDave]

Brace Yourselves

For the reasons discussed, the Court DENIES Plaintiffs’ request for injunctive relief or, in the alternative, for postponement of the Final Rule’s effective date (ECF No. 33). [More]

So infringements by swarms of officers are constitutional now…?

Oh, look! He was nominated by the Vote Freedom First President!

[Via Jess]

We’re (Joseph T. Davis) the Only Ones Sealing Enough

A special agent with the U.S. Alcohol, Tobacco, Firearms, and Explosives (ATF) has decided to enter a plea deal in a Cochise County court to resolve an allegation he engaged in nonconsensual sexual contact with a bartender while off-duty at a Bisbee hotel in 2020. But first, Joseph T. Davis wants most of the case documents sealed from the public, purportedly due to potential career and safety issues. [More]

Set loose the Streisand Effect!

[Via WiscoDave]

UPDATE

You complain, we listen. Received via email:

Normal American
You
David:

I was distressed and disturbed to read your post about the ATF agent who wanted his court documents sealed, especially when I read his full name in the body of your post.

This is inappropriate. The correct approach is to put his full name in the headline of the post, which carries with it more SEO weight.

I hope you fix this unfortunate oversight.

NA

A Salvage Operation

DOJ is filing an appeal to overturn the district court’s preliminary injunction, and filing an emergency motion to stay, or halt, the portions of the order that would ban enforcement of the UHA’s requirements that semiautomatic pistols for retail sale have a chamber load indicator and magazine disconnect mechanism. The motion does not seek to immediately stop the part of the court’s decision enjoining the microstamping requirement. [More]

These bastards work in increments both ways. They’re trying to salvage what they can for now. They’ll come back for the rest later, assuming their subversions will assure enough dominance to control future courts.

You just gotta wonder what kind of Republicans would be stupid and/or treasonous enough to help them get an unchallengeable majority.

[Via Jess]

Restraining the Restrainers

In the Fifth Circuit, the entire Court has ruled, en banc, that rights protected by the Second Amendment may not be infringed by mere civil restraining orders. The unconstitutional infringement was placed into law by the infamous Lautenberg amendment in 1996. Hundreds of thousands of lives have been turned upside down and ruined by this infamous and unjust law. [More]

So unproven accusations by parties with vested interests aren’t enough?

The Better to Eat You With, My Dear

Attorneys representing the Second Amendment Foundation and its partners in a case concerning gun owner privacy in California have filed a respondent’s brief in the ongoing case of Barba v. Bonta, challenging the constitutionality of a 2021 law requiring the California Department of Justice (CAL/DOJ) to share extensive personal identifying information of gun owners in the state with a non-government research group. [More]

These guys…

In fairness, sneaking to violate privacy and rules just wasn’t cutting it.

Hanging Separately

Mr. King advised that I was wasting my time looking for New York Attorney and that the NYSRPA and the NRA would not help legally. The call did not end well when I pressed Mr. King about those in our ranks turning customer data over to the government and law-enforcement agencies… hung up on me? I will address that conversation in a separate video post. [More]

I wonder how many members had and will have data compromised.

[Via Jess]

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