Category: Legal

The Same Except They’re Different

The argument that commercially available, AR-type firearms are somehow less dangerous or lethal simply because they fire only in semi-automatic mode is misleading. They retain the identical performance capabilities and characteristics (save full-automatic capability) as initially intended for use in combat. [More]

Oh, is that all? Spread that lie under oath!

Also from the linked Exhibit:

As mentioned previously in this report, many of the firearms prohibited by the Ordinances directly trace their origins to those developed for use in combat. As such, these firearms were never initially intended for general distribution or sale to the public.

Except if we’re talking ARs, and of course he is, guess which one came first:

“Colt sent a pilot model rifle (serial no. GX4968) to the BATF for civilian sale approval on Oct. 23, 1963. It was approved on Dec. 10, 1963, and sales of the ‘Model R6000 Colt AR-15 SP1 Sporter Rifle’ began on Jan 2, 1964,” one critic of the article contended. “The M16 wasn’t issued to infantry units until 1965 (as the XM16E1), wasn’t standardized as the M16A1 until 1967, and didn’t officially replace the M14 until 1969.”

Tell me this Yurgealitis trough feeder isn’t cognizant of Founding intent and is incentivized by those who fear that and obscure it through gaslighting.

And tangentially related:

As predicted, they’re taking full advantage of Scalia’s critical error.

In re later “Bowie knives” edicts and the like, does anyone have a record of such laws ever being challenged on Second Amendment grounds and such bans being upheld and/or appealed to a higher court?

We’re the Only Ones Fishing Enough

Like geofence warrants, keyword warrants cast a dragnet that require a provider to search its entire reserve of user data—in this case, queries by one billion Google users. Police generally have no identified suspects; instead, the sole basis for the warrant is the officer’s hunch that the suspect might have searched for something in some way related to the crime. [More]

Ah, the old Inspector Clouseau theory of policing…

So what happens if you use Duck Duck Go?

[Via Michael G]

A Law Unto Herself?

A new Oklahoma judge could lose her job for sending more than 500 texts to her bailiff during a murder trial, including messages mocking the prosecutor, praising the defense attorney and calling a key witness a liar. [More]

Before kneejerk accepting AP’s spin on things, I’m wondering how much of that is subjective and if running on “vowing to defend our constitution” plays any part…

[Via Michael G]

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]