Category: Legal

The Ghost of a Chance

Supreme Court tells Fifth Circuit to stop its defiance in ghost gun case … voiding the lower court orders and allowing the ATF regulations to go into effect pending further litigation. There were no noted dissents. [More]

Because we all know how big the Founders were on serial numbers and background checks…

Here’s the order.

I infer Nina Totenberg’s celebratory tone. That said, I’m not sure this isn’t more about following procedural steps than signaling a predisposition on an ultimate ruling.

And that said, citizens’ lives and livelihoods are jeopardized in the interim, and that hardly seems consistent with “secur[ing] the Blessings of Liberty…”

The Butterfly Effect

US Court of Appeal for Ninth Circuit declared Hawaii’s butterfly knife ban to be unconstitutional under the 2nd Amendment. Hawaii hires $2400 per hour attorney to try to save the BAN but 2nd Amendment briefs are terrific and should prevail. [Watch]

Major props for Alan Beck and Stephen Stamboulieh who routinely take to the field to battle mercenaries.

[Via Herschel]

All It Takes is One Robed Traitor

A victory for Governor Michelle Lujan Grisham in court, at least for now, in the fight over her controversial gun ban. A federal court denied the preliminary injunction against the governor’s health order, allowing for the enforcement against carrying guns in public parks and playgrounds. [More]

John Crump explains:

He reasoned that the founding era was not the ratification date of the Second Amendment. He claimed the founding era was started in 1868 during the reconstruction era when the Fourteenth Amendment was ratified. At that time, gun laws were being passed in the South to prevent formerly enslaved people from obtaining firearms. These racist gun laws are the ones that Judge Urias used in his decision.

Why would he do that, you ask…?

He was nominated by President Joe Biden (D)…

That’s a lot of Republicans who didn’t bother to vote.

[Via Jess]

So Much for Possession Being Nine-Tenths of the Law…

Hunter Biden, 53, was originally expected to plead guilty to misdemeanor tax counts in an agreement with prosecutors and avoid prosecution on a single gun possession charge related to the 2018 purchase if he stayed clean and out of trouble. [More]

And signed a lifetime “consent to permanent entry” NICS ban, which DOJ has no statutory authority to offer…

Why wouldn’t AP/ABC “real reporters” mention that?

Flight of the Nazgûl 

Ninth Circuit issues partial stay in California large-capacity gun magazine case – The four dissenting judges railed against the majority decision, calling the Ninth Circuit’s attitude about the Second Amendment “laughably absurd.” [More]

Except this is no laughing matter.

The Ninth Circuit wrote the book on Second Amendment absurdity going back to their “no individual right” days when the late, dunderheaded Cynthia Holcomb Hall wrote:

Moreover, even if we determined that Hickman had standing to sue for violation of the Second Amendment, his suit would nevertheless fail because the Second Amendment is not incorporated into the Bill of Rights.

[Via Jess]

Shallow Media Treatment of ‘Accidental’ Shooting Leaves Public Open to Manipulation

It also shows the danger of lazy journalism when a news organization asks no questions/does no independent research, and essentially copies a government press release. To paraphrase the late Paul Harvey, “And now, the rest of the story…” [More]

Another “accidental child gun death” warranting the government to issue a word of caution to the public? How do you “accidentally” shoot your child four times, and would it be too much to ask “professional journalists” to even acknowledge the unexplained disconnect?

Republican-Approved Democrat Judge Rules Against First AND Second Amendments

Federal Judge Rules Gun CAD Files are Not Protected Speech [More]

Yes, he’s an Obama appointee to be sure, but Mike Lee is the only Republican who voted against him.

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