Category: Legal

Title Case

“Property owners indeed have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the Second Amendment rights of law-abiding citizens who seek to carry for self-defense outside of their own homes.” [More]

If you don’t want me there, put up a sign. It’s not the government’s job to absolve you of accountability, and I’ll be happy to let you be the attractant.

UPDATE

Attorney Mark W. Smith calls this “major.” [Watch]

[Via Jess]

Also from SAF

SAF FILES BRIEF SUPPORTING MOTION FOR INJUNCTION AGAINST DELAWARE HB 450

A Common Factor

The Second Amendment Foundation today filed a federal lawsuit challenging the constitutionality of Delaware’s recently-adopted ban on so-called “assault weapons” on the grounds the legislation—known as House Bill 450—violates the Second Amendment. [More]

Show me a “commonsense gun safety” bill that doesn’t.

A Law Unto Himself

A federal judge has just blocked the Title 42 policy to expel illegals on the basis of public health. [More]

The “nonpartisan” apparatchik, nominated by Bill Clinton, reported by Joe Biden, and confirmed by voice vote, once more earns his keep.

Not that anyone so unaccountable by design is interested in what you have to say:

Information, communications, and documents other than internship applications submitted to Judge_Sullivan_internships@dcd.uscourts.gov will be discarded.

[Via Michael G]

We’re the Only Ones Humorless Enough

A Louisiana man is fighting in court for the First Amendment right to express satire after he made a joke about COVID-19, and was arrested by a sheriff’s armed SWAT team that confronted him with guns drawn. [More]

Talk about deprivation of rights under color of authority…

The only thing they’re laughing about is their qualified immunity.

The Texas Chainsaw Massacre

And after engaging with this Nation’s tradition of firearm regulations several times already, the Court’s unanswered question is whether Bruen demands lower courts manicure the Second Amendment’s landscape by scalpel or chainsaw….As a result, the Court holds that § 922(g)(8) is unconstitutional under Bruen’s framework. It is therefore ORDERED that Defendant’s Motion to Dismiss Indictment be GRANTED. [More]

This…

Read the opinion. Wow!

Expect a challenge from Team Tyranny, because otherwise, their whole damn Gordian knot will unravel.

[Via Jess]

Speaking of ‘Every Terrible Implement’…

Large-capacity magazines are not “arms” protected by the Second Amendment because they are not essential to the use of firearms… Additionally, large-capacity magazines are not protected “arms” because they are not commonly used for self-defense. [More]

Since that directly follows an “Overview of Bruen’s text-and-history standard for analyzing Second Amendment claims,” I wonder what Tench would say to that…?

Legal weasel Rob Bonta proves the point that if you limit arguments to “self-defense” and ignore core purpose, you’re not using every means at your disposal.

[Via Jess]

Just Do What Hunter Did: Lie

A Judge Accepts the Biden Administration’s Dubious Argument for Banning Gun Possession by Marijuana Users: Even People Who Use Cannabis for Medical Purposes Risk Severe Penalties for Daring to Exercise Their Second Amendment Rights [More]

But if you’re the president’s son and smoke crack with hookers…

It’s a big club and you ain’t in it.

[Via Dan Gifford]

Too Little Too Late?

The new amendment reads, “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.” [More]

I thought the Bruen standard did away with means-end scrutiny and deferred to a “historical understanding”…?

[Via Michael G]

Disorder in the Court?

A divided U.S. appeals court on Monday upheld the dismissal of a lawsuit against Remington Arms over a trigger defect in one of its rifles that allegedly led to the accidental shooting death in 2011 of an 11-year-old boy by his 15-year-old brother in Mississippi. [More]

Yeah, I know, all guns are always loaded, and never point one at anything you’re not willing to destroy, but if the trigger really was defective and the gun really was prone to firing spontaneously, this sounds like they won one they should have lost and surrendered one they should have won.

I don’t know how you can have a ‘three-year clock” involving a homicide

[Via Jess]

Lies From Operation Fast and Furious ‘Gunwalking’ Resurrected in Mexican Lawsuit

(Leon Rafael photo / Shutterstock)

Unfortunately, or more likely as planned, the answer to keeping U.S. arms from being smuggled across the border into Mexico is something those screaming the loudest for citizen disarmament and against an uncontrolled northward flow of drugs and illegal aliens don’t want to hear about: Control the damn border. [More]

There is no new thing under the sun and the more things change the more they stay the same. Hey, it’s not like a low-information public deliberately being kept that way will recognize old lies being dusted off and reintroduced as “truths”.

A Matter of Priorities

A gang that preys on gay men at Hell’s Kitchen nightclubs is suspected of killing at least two victims and of drugging and robbing more than a dozen other men — but Manhattan District Attorney Alvin Bragg’s office is impeding the investigation, law enforcement sources say. [More]

I trust no one expects him to choose between which group it’s more politically advantageous for Democrats to pander to or ignore…

[Via Michael G]

Do-Over

[Decision]

Here’s the background:

Morin v. Lyver is a follow-up challenge to the lifetime ban on the issuance of a License to Carry to anyone conviction of a minor, non-violent misdemeanor if the offense involves a weapon or ammunition and where a term of imprisonment may be imposed… Dr. Morin has since applied for and was issued a Firearms Identification Card. However, his application for a Permit to Purchase was denied.

You can have the card but you can’t have the gun? Some Masshole government POS decided that? Really?

[Via Jess]

What Kind of Question is THAT?

Was the defendant entitled to a jury charge on self-defense based on his own testimony that he believed his use of force was necessary to protect himself? [More]

Only if courts are meant to determine the truth of guilt or innocence.

That the State argued “No” hardly seems a Blessings of Liberty” move…

[Via Michael G]

What’s in a Word?

SAF FILES MOTION TO INTERVENE IN CHALLENGE OF NEW GOV’T. ‘FIREARM’ DEFINITION [More]

I posted the release in its entirety on my WOG Placeholder blog because I didn’t see it appearing on the SAF News page yet, and if I don’t address this now I’ll never get back to it– check there for all case announcements to see how many actions they’re involved in and what they’re doing.

Democrat Judge Supports Bringing Back Slave Codes

Last Thursday, Judge Carlton Reeves of the Southern District of Mississippi charted a different course: He proposed appointing a historian to help him “identify and sift through authoritative sources on founding-era firearms restrictions” to decide the constitutionality of a federal law barring felons from possessing firearms. [More]

And not just felons!

The perception that free blacks were sympathetic to the plight of their enslaved brothers, and the dangerous example that “a Negro could be free” also caused the slave states to pass laws designed to disarm all blacks, both slave and free.

Who does the Obama appointment have in mind? Carl Bogus and Michael Bellesiles?

Figures the anti-gun fascists at Slate are all giddy over this.

Hey, at least Reeves isn’t starting the clock at the Fourteenth Amendment.

[Via Remarks]

A Certain Appeal

PLEASE TAKE NOTICE that Defendants Merrick Garland, in his official capacity as Attorney General of the United States; Steven Dettelbach, in his official capacity as Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the United States Department of Justice; and ATF hereby appeal to the United States Court of Appeals for the Fifth Circuit from the Court’s Opinion & Order on Scope of Preliminary Injunction entered on October 1, 2022… [More]

Of course they’re not giving up on unconstitutionally claiming authority to impose frame or receiver infringements. They enjoy unlimited resources.

FPC has the entire case with filings and orders indexed for us.

[Via Jess]

Releasing the Krakens

Critics of the law take issue with some of those provisions, including ending cash bail; prohibiting judges from considering a defendant’s previous behavior when determining whether he or she is a flight risk; allowing a 48-hour period between the time a defendant on electronic monitoring leaves home without permission and the time authorities can charge that person with escape; and new police training policies without additional funding for departments [More]

What needs to be said besides “Pritzker“?

It’s not like he’ll be affected.

[Via bondmen]

Homegrown Tyranny

U.S. Marshals in Houston, Texas, on Monday arrested True the Vote founder Catherine Engelbrecht and board member Gregg Phillips for contempt of court in a defamation case against them after they refused a federal judge’s order to release the name of a confidential source. [More]

Before you read the whole thing, get this playing in the background.

[Via Jess]

Mixed Signals

Michigan man gets life in prison after kidnapping, sexually assaulting Lubbock teen … By law, 14-year-olds simply cannot consent to sexual contact with adults. [More]

Some would disagree.

Besides, I thought “Minor Attracted People” were another victim group discriminated against by hateful Christian Nationalists…

And what about Drag Queen Story Hour?

Besides, all the cool school boards say sexualizing children is “progressive.”

After all, aren’t puberty blockers a human right?…

Don’t you think it will be easier if we just surrender to the inevitable?

[Via Steve T]

UPDATE: If it’s good enough for the military…

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