Category: Legal

An Uncommon Question

I. There is a long-running and intractable dispute in the lower courts over whether the Second Amendment allows the government to ban arms that are in common use by law-abiding citizens. II. Heller clearly teaches that arms in common use by law-abiding citizens cannot be banned. III. This case is an ideal vehicle to resolve this dispute. [More]

What’s to stop “common use” from allowing future developments to be banned?

[Via Jess]

We’re the Only Ones Reasonable Enough

“Any reasonable officer arriving at the scene would have simply confirmed Agent Burk’s credentials, then offered him assistance or cleared from the scene,” attorneys from the firm Cooper Elliot wrote. “Instead, the officers who did arrive immediately drew their weapons on Agent Burk, berated him, manhandled him, repeatedly tased him, cuffed him and locked him in the back of a police cruiser.” [More]

So she was trusted without a custodian and they stopped him from infringing on her RKBA?

Unless the “illegal” shotgun was stolen, what’s unreasonable about that?

[Via Andy M]

No One Spares Like Gascon

Progressive DA ousted for soft-on-crime policies spends last days in office helping ‘Bob’s Big Boy’ killer – Outgoing LA DA George Gascon’s office is pushing for reduced sentence after shooter, accomplice herded victims into freezer and shot them from behind [More]

Not that his successor will be much of an improvement…

The Other Side in a Nutshell

This is why it’s fruitless to “debate” with with obnoxious, self-entitled fanatics who are too stupid to realize how wrong they are, and who presume to teach but don’t even belong in the class without passing the prerequisites.

Has the loudmouthed clownette “proudly” ID’d herself on social media yet?

[Via Jess]

A Chink in the Armor Ban

A federal judge has ruled that a constitutional challenge to New York state’s ban on selling bulletproof vests to civilians can move forward. The ruling by U.S. District Court Judge John Sinatra Jr. rejected a motion from state Attorney General Letitia James and other New York officials to dismiss a challenge, ruling the plaintiffs have standing to sue the state over the restrictions. [More]

“Commonsense gun safety law advocate” Letitia not only wants to disarm you, she wants her shock troops to be able to more easily kill you with their “weapons of war.”

[Via Jess]

Stop Peeing in the Pool

Poisoning the Second Amendment Court Record [More]

Herschel observers that “arguing for semi-automatic firearms because they aren’t fully automatic firearms and thus not in military use is the wrong tactic.”

“But we have to do things in increments,” some will argue back.

He realizes that. It’s for when we get to the make-or-break increment we should be worried about.

It’s similar to fears I’ve expressed about how relying on “in common use at the time” is a trap.

Illinois Appeals District Court Harrel v. Raoul Ruling

Defendants Kwame Raoul, Attorney General of the State of Illinois, and Brendan F. Kelly, Director of the Illinois State Police (“State Defendants”), hereby appeal to the United States Court of Appeals for the Seventh Circuit from the Court’s order and final judgment dated November 8, 2024, in this case (Doc. 55), as well as three related cases (Barnett, et al. v. Raoul, et al., 3:23-cv209 Doc. 259; Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 3:23-cv-215 Doc. 86; Langley, et al. v. Kelly, et al., 3:23-cv-192 Doc. 46). [More]

Of course they did. Tyrants don’t cede power unless there’s a credible “or else” attached to the demand, and besides, it’s not their money.

Credit Where Due

Today, Gun Owners of America (GOA) and Gun Owners Foundation (GOF) secured a permanent injunction against the State of Illinois’ poorly named Protect Illinois Communities Act. This law violates the Second Amendment and unconstitutionally bans many semi-automatic rifles, standard capacity magazines, and bump stocks, while instituting new registration requirements for gun owners. [More]

And there’s no link for this yet, but it just came in from SAF:

Am I reading these wrong?

We’ve done this before. Let’s not do it any more.

Cutting Their Losses

DOJ moving to wind down Trump criminal cases before he takes office [More]

The election interference didn’t work and it’s time to roll over for the new master.

With all the Fani Willis corruption in Georgia, I’d expect the adults there to turn that one off too. I don’t expect New York to go gentle into that good night.

Rights-Free Zone Challenge

Attorneys representing the Second Amendment Foundation and its partners in a federal court challenge of Maryland’s restrictive “sensitive places” gun control law have filed an appellants’ brief with the U.S. Fourth Circuit Court of Appeals. [More]

So the Founders intended “the right of the people to keep and bear arms shall not be infringed unless we tell them ‘Except here, here, and here…’?”

In the Spirit of Bipartisanship

A judge rejected Tesla founder, X owner and billionaire Elon Musk’s request to move the civil lawsuit against his $1 million giveaway filed by the Philadelphia district attorney to federal court. The lawsuit was remanded back to Pennsylvania state court Friday by U.S. District Judge Gerald J. Pappert, a former Republican Pennsylvania attorney general appointed to federal court in 2014 by President Barack Obama. [More]

Do Vichycons really believe Republicans will ever be serious power players again after they sabotage MAGA?

As Mike reminded us, we’ll still get to vote— just not for them.

[Via Jess]

One Hell of a Way to Run a Republic

…we’re likely going to lose it because we’re in the US Court of Appeals for the Second Circuit but a strong showing for the Second Amendment in this case and I think it’s going to give rise to good stuff… before the United States Supreme Court in the Snope-Bianchi case hopefully coming out this spring… [Watch]

So, in order to get over the wall we need to climb over the bodies of our fallen…

[Via Jess]

Masterpiece Theater

The Colorado Supreme Court ruled Tuesday to dismiss a lawsuit brought by an attorney who’s been harassing cake artist Jack Phillips, owner of Masterpiece Cakeshop, for more than 12 years. [More]

So it’s not “My life’s work my choice”?

You’ll notice who the cowards haven’t tried to sue.

What are the chances Phillips will be able to recover costs and damages?

What are the chances he won’t be targeted for more harassment?

[Via Michael G]

No. She Can’t. Not in This Context. She’s Not a Gunsmith.

Based on results, ATF can’t, either.

She’s just wondering if “ghost guns” can also fire 800 rounds a second.

It’s OK to say “she,” isn’t it?

Breaking Some Eggs

Justice Alito Wrecks ATF’s ‘Ghost Gun’ Argument: Are Eggs and Peppers an Omelet?[More]

So are John Roberts and Amy Coney Barrett bent on scrambling things?

Mark W. Smith has some interesting thoughts, including “if the ATF theory is allowed here, then drilling a single hole in AR-15s to convert it into a machine gun means that an AR-15 is “readily convertable” into a machine gun and thus a machine gun. SCOTUS will need to issue a ruling to avoid this result.”

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