Category: Legal

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]

Ruthless J6 Prosecutions Confirm the Ones Afraid of Oath Keepers are Oath Breakers

One way to keep a balking population in line is through the time-tested method of tyrants – cowing it into submission by making a highly publicized example of prominent members, which the J6 “uprising” at the Capitol more than provided. And no one was more high-profile in Oath Keepers than founder Stewart Rhodes, sentenced to 18 years in prison for “seditious conspiracy” and “obstruction of an official proceeding and tampering with documents and proceedings.” [More]

Part Three wraps up my series on why those in power are bent on utterly destroying the one concept that could render them powerless: Enforcers learning they have the power and the duty to say “No.”

Point/Counterpoint

As predicted by the Four Boxes Diner, in a 2-1 decision the US Court of Appeals for the 7th Circuit— via a opinion by judges Wood and Easterbrook— have upheld Illinois’s “assault weapon” ban. However there is a strong dissent here. This decision is no shock to Four Boxes Diner viewers because as I explained before, in my view, Judge Wood and Judge Easterbrook are unserious jurists on 2A issues and this was a given outcome (unfortunate and frustrating, yes, but entirely predictable). [More]

Meanwhile, over in Fantasy Land…

The Immunity Syndrome

When Matthew sued the judge for these egregious violations of constitutional rights, Goldston argued that she could not be sued even if she had violated the Constitution by invoking judicial immunity. [More]

Making people you persecute believe they have no legal recourse seems like an invitation to try it another way.

[Via Michael G]

Delay of Game

California’s assault weapons ban will remain in effect while a court considers whether the 30-year-old law is unconstitutional. [More]

That a court thinks there’s anything to consider is our first clue that the game is rigged.

I think we all know that the Ninth Circuit is going to side with citizen disarmament and it’ll take SCOTUS strapping ’em on to get a proper ruling–provided the Republicans don’t blow ’24 and the composition of the High Court changes while the clock is running.

Not that that would settle it…

[Via Jess]

We’re the Only Ones Untargeting Enough

“There is no evidence that she was attempting to kill anyone. Essentially what they are doing is they’re taking the offense of shooting into a vehicle and saying that she was attempting to kill somebody,” Fernandez’s lawyer argued. [More]

What’s the lawyer’s name? I’d like to ask him if there’s any legal whoring he won’t do.

Interesting people they give armed authority over you and me to…

[Via Steve T]

Back to Square One?

Hunter Biden legal team may need to overhaul defense strategy in gun case [More]

That drives the timing on resurrecting one FOIA and pressing one complaint:

And point of order on that “second gun”– the (extremely NSFW!) Marco Polo report, at the top of page 282, claims:

“Five days after he illegally obtained a .38 caliber handgun, Hunter solicited a female to the Red Roof Plus+ in Newark. During the tryst, he posed with what he claimed was a black ‘airgun,’” [further identified in a footnote as a] “PT-80 Semi-Auto .177 Cal. CO2 Pellet Pistol 8 shot magazine from GAMO.”

No?

In any case, I’m interested in finding out if any report raised the question of Biden lying on the 4473 before this one.

[Via Dan Gifford]

On the Gunny Side of the Street

Among other restrictions, the law bans the public carry of firearms at designated sensitive locations and institutes a default ban on carrying firearms on private property without express permission from the property owner. [More]

WarOnGuns Correspondent JR asks if a public easement means you can be armed on private property traversed by a sidewalk.

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