Category: Legal

Abusing the Abuser?

Mother of fatally shot restaurant robber says customer who fired multiple rounds ‘abused’ her son: ‘Why didn’t you stop? … He was dead already … That hurts.’ [More]

I’ve had my own questions about the shoot, but there’s one indisputable truth you just can’t get around: If you don’t want someone to shoot you in self-defense, don’t try to rob them at gunpoint, fake or otherwise.

[Via Robert J]

Stroke of the Pen, Law of the Land of Lincoln

With the stroke of his pen, Governor JB Pritzker made Illinois the ninth state to ban assault-style weapons. [More]

No surprise there.

So how soon until we see that challenge we’re told groups are “gearing up for“?

UPDATE (Via President Non_Fudd)

IL State Police sent this out to all IL FFL’s last night

And if you disobey, they’ll be happy to bring up to lethal force to bear to ensure that you comply.

Not all agree:

More at Mom-At-Arms.

Just Like the Founders Intended

Attorneys for the Second Amendment Foundation and its allies have filed a brief supporting their earlier motion for summary judgment in a federal challenge of Illinois’ ban on concealed carry by young adults in a case known as Meyer v. Raoul. [More]

Remember all those laws from the Founding era making it a crime for 18-20-year-olds to have a gun?

Me neither.

Standing Room Only

Judge Claims “Lack of Standing” in Second Amendment Public Transportation Case … In effect, Judge Moss is stating a plaintiff will need to be arrested for violating the District of Columbia’s ban on carrying concealed weapons in order to challenge the ban. [More]

Who thinks the Obama nominee rides the Metro into work?

[Via Dan Gifford]

New York State of Mind

The State of New York is Still Fighting the Bruen Decision [More]

Herschel brings us up to date on Antonyuk v Satan’s Minions, including New York’s insulting brief and Stephen Stamboulieh’s authoritative response.

I have to find out what SCOTUS’s options are for slapping inferiors defying hierarchical precedent down.

Hatchet Job

The Supreme Court May Kick Off 2023 With a Huge Gun Rights Ruling – Without oral argument or full briefing, the case could take a hatchet to New York’s new concealed carry law—and countless more nationwide. [More]

So why does Mark Joseph Stern have his panties in a wad?

Oh…

A Larger Point

Franklin Armory and the Firearms Regulatory Accountability Coalition, Inc. (FRAC) have filed a lawsuit against U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over what the plaintiffs allege are wrongful classification of firearms and regulatory delays. [More]

That presupposes there are rightful classifications and acceptable review times.

[Via Jess]

Muster Call

A federal lawsuit supported by the Second Amendment Foundation and Firearms Policy Coalition has been filed in New York, challenging that state’s ban on so-called “assault weapons.” [More]

I’ve been arguing not to forget “core purpose” in 2A actions, so I find this a good add:

The firearms at issue in this case are the sorts of bearable arms in common use for lawful purposes that law-abiding people possess at home by the millions. And they are, moreover, exactly what they would bring to service in militia duty, should such be necessary.

Never Mind

Received via email from Tully Rinckey PLLC:

After careful consideration and over a year after it was implemented, the Department of Defense has decided to no longer enforce the COVID-19 vaccine mandate for service members. Despite the fact that less than 100 service members died from COVID-19 since the pandemic started, many active duty, Guard and Reserve members who refused the COVID-19 vaccine faced removal from the service. This impacted military readiness and those who faced removal now need to understand their rights and how they can legally proceed with the reinstatement process. [More]

Or in the words of Emily Litella:

I guess that’s one less concern for gun-owning servicemembers to worry about, but the questions that remain are “Why the sudden big turnaround?” and “Why haven’t there been screaming headlines and demands for answers?”

Damned if They Do, Damned if They Don’t

Sutherland Springs shooting survivors say DOJ appeal damages gun safety laws [More]

$230M or political posturing… tough choice.

Remember what it took to get relevant records released?

Funny, how it’s just those who survived on luck — and not on getting a gun and stopping the maniac — that are most upset.

[Via Jess]

‘No, No!’ Said the Queen. ‘Sentence First — Verdict Afterwards.’*

The Cuyahoga County case came after Delvonte Philpotts was indicted in 2017 on charges of rape, kidnapping and assault. Prosecutors later dropped those charges, but before they did, Cleveland police found pictures Philpotts posted to social media showing him standing outside his home with a pistol. Police got a search warrant, found the gun in Philpotts’ home, and arrested him for violating a state law banning people under indictment from having a firearm. [More]

“Four Republican judges,” eh?

From what I’ve been able to glean, and if there’s not more than one person with that rather unique name, Delvonte may not exactly be the poster child for unalienable rights. That said, if this can catch him up it can catch you and me up, and I want to know what my “pro-gun” state senator intends to do about it.

“Probable cause” for the search warrant also seems kind of hinky without knowing when the photo was taken and whether or not it was a replica firearm. And that said, leave self-incrimination on social media to the morons.

*

[Via JG]

Lest Ye Be Judged

A Missouri judge has ruled that a pardon from the governor doesn’t mean the St. Louis lawyer and his wife who gained national attention for waving guns at racial injustice protesters in 2020 should get back the weapons they surrendered and fines they paid after guilty pleas last year. [More]

She just wishes she could do more.

[Via Jess]

The Girlfriend Loophole

The Petitioner who filed for the Extreme Risk Protection Order was the estranged boy friend of the Respondent who was a licensed gun owner in New York State … The Court also pointed out that there was a Family Court case also going on in which The Petitioner had an Order of Protection against him which among other things barred him from the home that they had shared. [More]

Sounds like it should have been called the Stalker Protection Act…

[Via Jess]

Buffalo Provides Real-Time Example of Insane ‘Progressive’ War on Guns

In this case, with people dying, there’s no question police were desperately needed elsewhere. But it’s in these times of disaster when people left to protect themselves are most justified in doing just that against predators. [More]

When seconds count, you’re on your own.

Just Like the Founders Intended

A federal appeals court on Monday allowed New York to restrict the carrying of firearms on private property under a new law adopted in wake of a major U.S. Supreme Court ruling that expanded gun rights. [More]

Here ’tis.

Sack is a Clintonista and Wesley was appointed by Dubya, but Bianco was a Trump nominee.

We haven’t heard the last of this, but the first of it is ludicrous, offensive and intolerable.

[Via Jess]

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